Rauf Aregbesola, National Secretary of the African Democratic Congress (ADC), has appealed the Federal High Court judgment nullifying the emergence of the David Mark-led leadership of the party.
In a notice of appeal filed on Friday through his lawyer, Mohammed Sheriff, a Senior Advocate of Nigeria (SAN), Aregbesola asked the Court of Appeal to set aside the judgment delivered by Justice Peter Lifu of the Federal High Court, Abuja, on the grounds that the court lacked jurisdiction to entertain the suit.
Aregbesola listed Nafiu Gombe, the ADC, Mark, the Independent National Electoral Commission (INEC) and Ralph Nwosu as the first to fifth respondents, respectively.
He urged the appellate court to overturn the lower court’s decision to assume jurisdiction over claims concerning his emergence as national secretary and the validity of resolutions reached at the party’s 99th National Executive Committee (NEC) meeting.
The former Osun State governor also challenged the declaration that Gombe’s four-year tenure remained subsisting and that he was entitled to oversee the affairs of the party.
Aregbesola further asked that, should the Court of Appeal uphold the lower court’s jurisdiction but find that a retrial is necessary, the affected claims be returned to the Federal High Court for hearing before another judge.
In five grounds of appeal, Sheriff argued that Justice Lifu erred in law by holding that the challenge to INEC’s statutory oversight empowered the lower court to determine competing claims to the ADC leadership arising from the 99th NEC meeting.
He also contended that the judge wrongly relied on the absence of a democratic election at the meeting to invalidate Aregbesola’s assumption of office under Section 82(3) of the Electoral Act 2022 and Section 223(1)(a) of the 1999 Constitution.
According to the lawyer, Section 82(3) governs elections to party governing bodies, including elections to fill vacancies, while Article 23(4) of the ADC constitution empowers the appropriate executive organ to appoint an eligible replacement pending an election at the next convention or congress.
“The absence of voting did not resolve whether the resolutions effected an election or an interim appointment under the provision relied upon by the appellant,” he argued.
“The lower court applied the requirements governing an election to fill a vacancy without first resolving whether the appellant’s assumption of office fell within the interim appointment power asserted under Article 23(4).”
Aregbesola seeks stay of execution
In a separate motion on notice filed on Saturday at the Federal High Court, Aregbesola sought a stay of execution of the November 5 judgment pending the hearing and determination of his appeal.
The application, marked FHC/ABJ/CS/1819/2025, seeks an order restraining the enforcement of, or further consequential steps pursuant to, Orders 7 and 8 of the judgment.
Sheriff said Aregbesola was dissatisfied with material aspects of the ruling and had exercised his constitutional right of appeal.
He argued that the appeal raised substantial and arguable questions of law and fact, particularly concerning the trial court’s jurisdiction and the interpretation of the ADC constitution and relevant provisions of the Electoral Act.
Gombe had approached the Federal High Court, arguing that he was constitutionally entitled to assume the ADC leadership following Nwosu’s resignation as national chairman.
He asked the court to invalidate actions taken by the Mark-led leadership and restrain Mark, Aregbesola and other members of the interim National Working Committee (NWC) from presenting themselves as the party’s legitimate leaders.
Gombe maintained that their emergence violated the ADC constitution and relevant provisions of the Electoral Act.
On November 5, Justice Lifu nullified the Mark-led caretaker committee and its decisions, including the process that produced Atiku Abubakar as the party’s presidential candidate for the 2027 election.
The ADC had earlier announced that it had appealed the judgment and applied for a stay of execution. It also urged INEC to suspend further action on the party’s leadership dispute pending the determination of the appeal.
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