
The African Democratic Congress (ADC) has asked the Federal High Court in Abuja to throw out a lawsuit that aims to remove its interim leadership, which is currently led by former Senate President David Mark.
In a preliminary objection filed on Monday, the party, through its counsel Shuaibu Aruwa (SAN), argued that the case instituted by a former Deputy National Chairman of the party, Nafiu Bala Gombe, was filed in bad faith.
Describing the suit as an abuse of judicial process, the ADC maintained that the matter bordered on its internal affairs and was therefore non-justiciable.
Aruwa told the court, “We submit respectfully that the courts in Nigeria, including the apex court, have held consistently that matters touching on leadership of political parties are off the jurisdiction of our courts and hence non-justiciable.”
Citing several authorities, the ADC insisted that the courts cannot adjudicate upon disputes within a political party.
The party further stated, “Political parties being associations, disputes regarding the internal affairs thereof, especially between the political party and any of its members, are not justiciable, therefore, not within the jurisdiction of courts. The courts do not have the requisite statutory vires to interfere in or with political decisions by political parties.”
The suit, marked FHC/ABJ/CS/1819/2025, listed five defendants: the ADC, Senator David Mark (Chairman), former Osun State Governor Rauf Aregbesola, the Independent National Electoral Commission (INEC), and the immediate past National Chairman of the party, Chief Ralph Nwosu.
The plaintiff is laying claim to the chairmanship seat of the party and, in his motion dated September 2, sought an interim injunction restraining INEC from recognising Mark and the interim leadership.
However, Justice Emeka Nwite, in an earlier ruling on September 4, declined to grant the ex parte application and ordered the plaintiff to serve the defendants with the legal processes.
At Monday’s proceedings, while the ADC and INEC had legal representations, members of the National Working Committee, led by Mark, were absent.
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INEC’s counsel, Kingsley Magbai, confirmed receipt of the originating summons. But Justice Nwite observed that the service copy on the court’s file was blank and stressed that each respondent must be personally served, not through the party.
He subsequently adjourned the hearing to September 30 to enable the plaintiff to comply with service requirements.
The case comes just weeks after INEC updated its records to reflect the Senator Mark-led National Working Committee of the ADC.
It also follows the party’s announcement, through founding Chairman Ralph Nwosu, that it had collapsed its structures into a coalition fronted by former Vice President, Atiku Abubakar to challenge President Bola Tinubu in the 2027 general election.

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