ADC leadership crisis deepens as court dismisses objections by David Mark, Aregbesola

ADC leadership crisis deepens as court dismisses objections by David Mark, Aregbesola

The Federal High Court in Abuja has dismissed objections filed by African Democratic Congress (ADC) National Chairman Senator David Mark and the party’s National Secretary, Rauf Aregbesola, against an application seeking to amend a suit challenging their emergence as the party’s national leaders.

In a ruling delivered on Friday, Justice Peter Lifu described the objections raised by the two defendants as “frivolous, baseless and without an iota of merit,” holding that the plaintiff’s request to amend his originating summons was a lawful and necessary step to ensure justice.

The court subsequently granted the application filed by Nafiu Bala Gombe, a former Deputy National Chairman of the ADC, and ordered David Mark and Aregbesola to pay ₦500,000 each as costs to the plaintiff.

Justice Lifu ruled that the amendment became necessary following a change of legal counsel and emphasized that it did not prejudice the defendants, who still have the legal right to respond by filing fresh counter-affidavits to the amended suit.

According to the judge, amendments to court processes before judgment are well-established in law and are often allowed to enable courts determine disputes on their merits rather than on technicalities.

“The defendants have not shown how the amendment will occasion any miscarriage of justice against them,” the judge held while dismissing all objections to the application.

The latest ruling marks another significant development in the legal battle over the leadership of the ADC, which has intensified since the opposition party emerged as the platform for a coalition of opposition politicians preparing for the 2027 general election.

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The substantive suit was instituted by Nafiu Bala Gombe, who is challenging the emergence of David Mark as National Chairman and Rauf Aregbesola as National Secretary.

Gombe contends that the process leading to their emergence violated both the ADC Constitution and the provisions of the Electoral Act. He is asking the court to declare their appointments invalid and restrain them, alongside other members of the party’s National Working Committee, from presenting themselves as the legitimate national leadership of the party.

Represented by senior lawyer Lukman Fagbemi (SAN), the plaintiff argued that he was legally entitled to amend his originating summons before judgment and that the proposed amendments were necessary to enable the court effectively determine all issues in dispute.

However, counsel to David Mark, Dr. Suleiman Umar (SAN), urged the court to reject the application, arguing that the parties had already exchanged legal processes and joined issues.

According to him, allowing the amendment after the defendants had disclosed their legal arguments would hand the plaintiff an unfair advantage and offend the principles of fair hearing.

Similarly, counsel to Rauf Aregbesola, Realwan Okpanachi, opposed the application, insisting that the amendment substantially altered the character of the case by introducing fresh claims and additional documents.

He maintained that the ADC National Executive Committee (NEC) validly restructured the party’s leadership during its meeting on July 29, 2025, after giving the required statutory notice to the Independent National Electoral Commission (INEC) on July 1, 2025, in compliance with the Electoral Act.

Okpanachi further alleged that Gombe initially relied on an unsigned copy of the ADC Constitution before later introducing a signed version after seeing the defendants’ objections.

He argued that the action was an attempt to strengthen a weak case and urged the court to reject the amendment, insisting that a litigant seeking equitable relief must approach the court with clean hands.

Justice Lifu, however, rejected those arguments, ruling that the proposed amendments neither changed the substance of the dispute in a manner that would prejudice the defendants nor denied them the opportunity to adequately defend themselves.

Consequently, the court dismissed the objections filed by David Mark and Aregbesola, granted leave for Gombe to amend his originating summons and awarded ₦500,000 in costs against each of the two defendants.

The ruling is the latest twist in the prolonged ADC leadership crisis, which has generated multiple legal proceedings since the party’s leadership restructuring.

Earlier in the dispute, conflicting court orders created uncertainty over the party’s leadership, prompting the Independent National Electoral Commission (INEC) to temporarily suspend recognition of the David Mark-led National Working Committee.

The uncertainty was later eased after the Supreme Court set aside the Court of Appeal’s order that directed parties to maintain the status quo. The apex court subsequently ordered an accelerated hearing of the substantive suit, after which INEC restored the David Mark-led leadership on its official records pending the final determination of the case.

Despite Friday’s ruling, the court did not determine the substantive issues surrounding the legitimacy of the party’s leadership.

Instead, the decision clears the way for the plaintiff to proceed with his amended claims, while the Federal High Court continues hearing the suit that could ultimately determine the future leadership of one of Nigeria’s major opposition parties ahead of the 2027 elections.

ADC leadership crisis deepens as court dismisses objections by David Mark, Aregbesola