Reported by Ariajegbe Sylvia Esezobor
The Federal High Court in Abuja on Monday adjourned a suit seeking to stop the David Mark-led leadership of the African Democratic Congress from parading themselves as leaders of the party until September 28. The case, which was fixed for the hearing of all pending applications, could not proceed because the presiding judge, Justice Peter Lifu, did not sit. The matter was subsequently fixed for September 28. This latest adjournment continues a legal battle that has stretched across multiple courts and raised questions about the party’s leadership ahead of the 2027 general elections.
The suit was filed by Nafiu-Bala Gombe, a former Deputy National Chairman of the ADC, who is seeking an order restraining Senator David Mark, the party’s National Chairman, and Ogbeni Rauf Aregbesola, its National Secretary, along with members of their interim National Working Committee, from parading themselves as the party’s leaders. Gombe has argued that the emergence of Mark, Aregbesola, and other interim NWC members breached the provisions of the party’s constitution and the Electoral Act. He had sued the ADC, Mark, Aregbesola, the Independent National Electoral Commission, and Ralph Nwosu as the first to fifth defendants respectively in the suit marked FHC/ABJ/CS/1819/2025. Nwosu was the former ADC National Chairman who stepped down for David Mark’s leadership of the party.
The case has a complex procedural history. Justice Lifu had, on June 16, fixed the case for the hearing of all pending applications after he dismissed an application seeking his recusal from the case. In that ruling, the judge held that the two motions filed by the ADC and Aregbesola lacked merit and awarded a fine of one million naira each against the party and its National Secretary in favour of Gombe. The ADC and Aregbesola had, in separate motions, asked Justice Lifu to withdraw from the suit filed by Gombe, an aggrieved party member, citing alleged bias. The court’s refusal to recuse itself set the stage for the substantive hearing that has now been delayed again.
The leadership dispute within the ADC has been a long-running saga. It stems from the emergence of David Mark, a former Senate President, and Rauf Aregbesola, a former Governor of Osun State, in the party’s leadership structure. The ADC had reconstituted its National Working Committee in July 2025, with Mark emerging as National Chairman. The party said the NEC meeting that produced the new leadership was duly convened and that a notice of the meeting was served on the Independent National Electoral Commission as required by law. However, Gombe, an aggrieved chieftain, challenged the legitimacy of the process, arguing that it violated the party’s constitution and the Electoral Act.
The legal battle has already reached the Supreme Court. On April 30, 2026, the apex court set aside the order made by the Court of Appeal in Abuja ordering the maintenance of the status quo ante bellum in the leadership dispute, on which the electoral commission had acted in derecognising the Mark-led leadership of the party. The Supreme Court found that the interlocutory appeal filed by Mark lacked merit and ordered the parties to return to the Federal High Court for an expeditious hearing of the case filed by Gombe. Following the Supreme Court judgment, the electoral commission complied by reversing the removal of the Mark-led leadership from its official portal, listing David Mark as National Chairman and Rauf Aregbesola as National Secretary.
When the case came up before Justice Emeka Nwite on May 8, 2026, counsel for Gombe, Luka Haruna, sought the transfer of the case to another judge, stating that a letter had been written to the Chief Judge of the Federal High Court to that effect. Lawyers to the ADC, Mark, Aregbesola, and Nwosu disagreed with the application, describing it as an ambush and an attempt to frustrate the order of the appellate court for an accelerated hearing. Justice Nwite held that the court could not act on the chief judge’s correspondence without hearing all parties, saying doing so would violate the principle of fair hearing. The judge adjourned the matter indefinitely, stating that further proceedings would await the Supreme Court judgment records and any directive from the Chief Judge.
The case was subsequently reassigned to Justice Peter Lifu, following Justice Nwite’s elevation to the Court of Appeal. The National Judicial Council had, at its 111th meeting on May 13, recommended the appointment of twelve new justices of the Court of Appeal, including Justice Nwite, to President Bola Tinubu for approval. Hearing notices were issued and served on lawyers to the parties in the suit. Justice Lifu fixed June 3 for hearing, but the matter could not proceed on that date. The court later fixed June 16 for the hearing of all pending applications, at which point the judge dismissed the recusal motions and awarded costs against the ADC and Aregbesola.
The ADC has expressed frustration with the delays in the case. The party has criticised the move by lawyers representing Gombe to seek the reassignment of the case, describing it as a delay tactic. The party has insisted that the emergence of the Mark-led leadership was legitimate and that it complied with all relevant laws. The electoral commission, for its part, has maintained that it acted in accordance with the Supreme Court judgment by restoring the Mark-led leadership to its portal. The commission has repeatedly stated that it will continue to comply with subsisting court judgments on the party’s leadership dispute.
The adjournment has implications for the ADC’s preparations for the 2027 general elections. The party has been positioning itself as a major opposition force and has been in talks with other opposition figures about possible alliances. The leadership dispute, however, has created uncertainty about who is authorised to speak for the party and to negotiate on its behalf. The electoral commission’s recognition of the Mark-led leadership has given the party some clarity, but the pending suit before Justice Lifu means that the issue is not yet fully resolved. A ruling in favour of Gombe could potentially invalidate the current leadership and throw the party’s preparations into disarray.
Reactions to the latest adjournment have been mixed. Supporters of the Mark-led leadership expressed confidence that the case would eventually be dismissed, noting that the Supreme Court had already affirmed Mark’s leadership and that the electoral commission had restored the party’s leadership to its portal. They described the suit as a distraction and urged the court to expedite proceedings. Supporters of Gombe, on the other hand, insisted that the substantive issues raised in the suit had not been addressed and that the delays were denying them the opportunity to present their case. They called on the judiciary to ensure that the matter is heard promptly.
Legal analysts have noted that the case raises important questions about internal party democracy and the role of the courts in resolving leadership disputes. They said the delays are not unusual in Nigerian litigation, given the congestion of court dockets and the frequency of interlocutory appeals. They, however, warned that prolonged uncertainty could harm the ADC’s electoral prospects. They urged all parties to respect the judicial process and to refrain from actions that could undermine public confidence in the outcome. They also noted that the Supreme Court’s decision to return the case to the Federal High Court for expeditious hearing underscored the importance of resolving the matter without further delay.
For now, the case will return to Justice Lifu’s court on September 28. The judge is expected to hear all pending applications, including the amended originating summons filed by Gombe and any objections raised by the defendants. The outcome will determine the leadership of the ADC and, by extension, the party’s ability to organise effectively for the 2027 elections. The case is being watched closely by political observers, party members, and the electoral commission. The coming weeks will be critical in shaping the future of one of Nigeria’s opposition parties and its role in the next general election.
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