Three aggrieved members of the African Democratic Congress (ADC) have approached the Federal High Court in Abuja, seeking an order to sack the Senator David Mark-led interim leadership of the party.
The plaintiffs—Adeyemi Emmanuel, Ayodeji Victor Tolu, and Haruna Ismaila—are also challenging the membership of Senator Mark and others appointed as interim leaders of the party.
They urged the court to determine, among other issues, whether the purported handover of the party’s leadership structure to individuals involved in a merger did not constitute a direct violation of a subsisting judgment.
In the suit marked FHC/ABJ/CS/1328, the ADC was cited as the 1st defendant. The Independent National Electoral Commission (INEC) and the immediate past National Chairman of the party, Ralph Nwosu, were joined as the 2nd and 3rd defendants, respectively.
Also listed as defendants are Senator David Mark (Interim National Chairman), former Osun State Governor Rauf Aregbesola (Interim National Secretary), and former Minister of Sports Bolaji Abdullahi (Interim National Publicity Secretary), who were joined as the 4th, 5th, and 6th defendants, respectively.
Specifically, the plaintiffs posed several legal questions for the court to determine, including:
Whether the appointment of the 4th, 5th, and 6th defendants as Interim National Chairman, Interim National Secretary, and Interim National Publicity Secretary of the 1st defendant was made in breach of the provisions of the ADC Constitution, 2018 (as amended).
Whether, given the combined provisions of Article 9, paragraph D of the ADC Constitution (2018 as amended), the 4th, 5th, and 6th defendants are qualified to hold the respective offices to which they were appointed.
Whether the key individuals involved in the merger, such as the 4th, 5th, and 6th defendants, were properly registered members of the 1st defendant to qualify for leadership positions.
Whether the constitution of the 1st defendant, being an existing political party and not a newly formed one, provides for interim leadership positions such as Interim National Chairman, Interim National Secretary, and Interim National Publicity Secretary.
Whether the current Executive Committee of the 1st defendant ought not to have been dissolved or replaced only through a properly convened National Convention or a valid decision of the National Executive Committee (NEC).
Whether the 2nd defendant can lawfully recognise the 4th, 5th, and 6th defendants as the interim leaders of the party in line with the relevant provisions of the ADC Constitution (2018 as amended).
Whether the 3rd defendant’s purported handover of the party’s leadership structure to the newly constituted leadership is not a direct violation of the judgment delivered in Suit No. FHC/ABJ/1541/2022 by Hon. Justice Binta Nyako on December 21, 2022.
Upon the determination of the issues, the plaintiffs are asking the court to declare the appointment and nomination of the interim leadership unconstitutional, unlawful, null, and void.
They are also seeking a declaration that the appointment of the 4th, 5th, and 6th defendants is inconsistent with and contrary to the combined provisions of the ADC Constitution (2018 as amended).
No date has been fixed for the hearing of the suit.
It will be recalled that a coalition backed by former Vice President Atiku Abubakarc, Peter Obi recently adopted the ADC as its platform to challenge President Bola Tinubu’s re-election bid in 2027.
Following the announcement, the ADC, through its founding National Chairman, Ralph Nwosu, declared the collapse of all party structures to enable new leadership to drive the coalition ahead of the 2027 general election.
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