The Federal High Court, Abuja on Thursday affirmed David Mark’s leadership of the opposition African Democratic Congress, a ruling the party welcomed even as former Vice‑President Atiku Abubakar said he would continue his pursuit of the 2027 presidency.
Atiku described the judgment, which dismissed a suit filed by a member of the House of Representatives, Leke Abejide, as victory for constitutional democracy and a rejection of attempts to use the judiciary for political ends.
Delivering judgment on Thursday, Justice Musa Liman upheld the preliminary objections raised by the ADC, its former National Chairman, Ralph Nwosu, Mark, and the party’s National Secretary, Rauf Aregbesola.
The judge held that the court lacked jurisdiction to entertain the matter because it bordered on the internal affairs of a political party, which he described as non-justiciable.
Justice Liman also ruled that Abejide lacked the legal standing to institute the suit, having failed to demonstrate how his rights were violated by the emergence of the current ADC leadership.
He further held that the lawmaker did not exhaust the party’s internal dispute resolution mechanism before approaching the court.
The judge equally resolved the issues raised in the substantive suit in favour of the defendants.
On the legality of the emergence of Mark and Aregbesola as the party’s leaders, Justice Liman held that the transfer of leadership by Nwosu did not contravene the ADC constitution.
He held that the July 2, 2025, stakeholders’ meeting, where Nwosu handed over the party’s leadership, preceded the National Executive Committee meeting of July 29, 2025, which formally produced Mark and Aregbesola as the party’s national chairman and national secretary, respectively, under the supervision of the Independent National Electoral Commission.
The court declared that the emergence of the duo complied with the ADC constitution and the Electoral Act, 2026, and subsequently awarded costs of N2m each in favour of the defendants against Abejide.
It also ordered Abejide’s counsel to pay N10m as costs pursuant to the provisions of the Electoral Act, 2026.
Abejide had, in the suit marked FHC/ABJ/CS/1637/2025 and filed on February 15, sued the ADC, Nwosu, Mark, Aregbesola and INEC, seeking to nullify the July 2, 2025, handover of the party’s leadership.
Among other reliefs, he sought an order restraining Mark and Aregbesola from parading themselves as National Chairman and National Secretary respectively, and an injunction stopping INEC from recognising them as ADC leaders.
He argued that their emergence did not comply with the party’s constitution and relevant provisions of the Electoral Act.
Reacting in a statement issued by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku said the court deserved commendation for upholding legal principles on jurisdiction, locus standi, and internal party dispute mechanisms.
“The court could not have been clearer. It rightly held that the matter borders on the internal affairs of the ADC, that the Federal High Court lacks jurisdiction, and that the plaintiffs neither exhausted the internal remedies provided by the party’s constitution nor established the locus standi required to invoke the jurisdiction of the court.
“We commend Justice Liman for refusing to allow the judiciary to be converted into an extension of partisan political warfare,” he said.
Atiku described the judgment as a boost for the rule of law amid what he called sustained pressure on opposition parties.
“We are particularly encouraged because this judgment comes at a time when certain desperate elements operating from the corridors of power have sought, through every conceivable means, to destabilise the opposition and frustrate the growing aspirations of millions of Nigerians who desire democratic change,” he said.
He alleged attempts to weaken opposition politics through litigation and institutional manipulation, insisting that the judiciary remained the last hope of the common man.
Atiku also defended the legitimacy of the David Mark-led National Working Committee, saying it emerged through a lawful and transparent process.
“The David Mark-led National Working Committee emerged through a lawful and transparent process in accordance with the constitution of our great party.
“No amount of forum shopping or judicial adventurism can alter that fact,” he said.
He urged party members to remain united and committed to strengthening democratic institutions, adding that the ADC remained a credible alternative ahead of future elections.
The suit came amid ongoing political realignments within the opposition following the adoption of the ADC as a coalition platform ahead of the 2027 general election.
We’re vindicated — Mark
Meanwhile, the National Chairman of ADC, Senator David Mark, has described the Federal High Court judgment affirming his leadership of the party as a major victory for democracy and the rule of law.
Mark said the decision, which upheld the legitimacy of the party’s NWC and ordered the INEC to recognise its leadership, vindicated the ADC’s longstanding position on constitutional democracy and the rights of political parties to operate without interference.
In a statement issued by his Special Adviser on Media and Publicity, Kola Ologbondiyan, the former Senate President said the judgment marked another important milestone in Nigeria’s democratic evolution.
“From the outset, we had maintained that democracy can only thrive when political parties operate without intimidation, undue interference, or attempts to undermine legitimate opposition.
“Today’s judgment has reaffirmed that no individual or institution is above the law and that the judiciary remains the ultimate guardian of our constitutional order,” Mark said.
He commended the judiciary for what he described as its courage, impartiality and commitment to justice.
“The judgment is a triumph of truth and the democratic aspirations of the Nigerian people,” he added.
He reaffirmed the ADC’s commitment to constitutionalism, the rule of law and democratic governance, pledging that the party would continue to provide credible opposition at a critical period in the country’s political development.
According to him, the significance of the judgment extends beyond the fortunes of the ADC.
“This is not just a victory for our party; it is a victory for democracy, justice, and every Nigerian who believes in a vibrant political system where ideas compete freely and the will of the people ultimately prevails,” he added.
Mark urged party members, supporters and Nigerians to remain united and committed to strengthening democratic institutions through peaceful political participation.
“As the party moves forward, I call on all members, supporters and other well-meaning Nigerians to remain united, focused and committed to building a stronger, more inclusive and prosperous nation through peaceful democratic engagement,” he added.
ADC responds
In its reaction, the ADC described the ruling as a possible indication of imminent end to judicial manipulation by elements bent on truncating the nation’s democracy.
The National Publicity Secretary of the party, Mallam Bolaji Abdullahi in a statement issued on Thursday, said the judgment reinforced the party’s longstanding position that issues relating to its leadership remained internal matters and were not justiciable under the Electoral Act, 2022.
“The judgment once again, affirms our clear position that the issue of leadership remains an internal affair of the party and is therefore not justiciable, especially in the light of the Electoral Act, 2026.
“It also confirms that the emergence of the current leadership of our great party, led by Senator David Mark, was carried out in accordance with the law and the Constitution of the ADC,” he said.
The opposition party said it hoped the ruling would bring an end to what it described as repeated attempts to destabilise it through litigation.
“While we view this ruling as yet another victory for multiparty democracy in Nigeria, it is our hope that this judgment will help bring to an end all the unnecessary distractions and attempts at judicial manipulation by those who are hell-bent on destabilising the opposition and foisting a one-party rule on the country,” Abdullahi added.
The party maintained that its attention remained on providing alternatives to the policies of the ruling party rather than responding to what it termed ‘contrived legal challenges.’
“At a time when millions of Nigerians are confronted daily with worsening insecurity, an unbearable cost of living, rising unemployment and declining economic opportunities, our responsibility as a serious opposition party is to present practical solutions as alternatives to the people, not to be bogged down by contrived legal challenges,” the statement read in part.
The ADC also commended Justice Liman for what it described as his courage in upholding the law, particularly noting the sanctions imposed on the plaintiff and his legal representatives.
“We commend the courage shown by the presiding judge in standing firmly on the side of justice. We commend, especially, the judge’s decision to award fines against the plaintiff and his lawyers, hoping that this measure will serve as a deterrent to those who may want to pursue such frivolous actions in the future,” Abdullahi stated.
He thanked party members and supporters for remaining steadfast throughout the legal contest, urging them to remain united as the party pursues its political objectives.
The latest judgment is one in a series of court cases instituted to challenge the leadership of the ADC following the emergence of former Senate President David Mark as the head of the party’s National Working Committee.
The leadership transition, which followed a restructuring of the party aimed at strengthening its opposition profile ahead of future elections, has attracted a number of legal challenges from aggrieved members questioning the process that produced the current national officers.
In recent months, however, the ADC has consistently maintained that the changes in its leadership complied with the provisions of its constitution and applicable electoral laws. The party has also argued that disputes arising from the selection of its officers are matters of internal party administration, which the courts have repeatedly held to be outside judicial intervention except in circumstances specifically provided by law.
The latest judgment is one of several legal challenges instituted since the ADC unveiled Senator Mark as the leader of its new NWC following the party’s reorganisation.
The restructuring, which was accompanied by the appointment of former Osun State governor Rauf Aregbesola as National Secretary and the emergence of a new leadership team, came as the party positioned itself as a major platform for opposition politicians ahead of the 2027 general election.
The development, however, triggered a wave of litigation by some party members seeking to stop the new leadership from taking control of the party.
In one of the earlier suits, a Federal High Court in Abuja declined to grant an ex parte application seeking to restrain INEC from recognising the Mark-led executive.
The court instead directed the parties to put the defendants on notice before hearing the application.
Another suit sought to invalidate the outcome of the party’s National Executive Committee meeting that ushered in the current leadership, with the plaintiffs contending that the process violated the party’s constitution. The ADC insisted throughout the proceedings that the decisions were taken in accordance with its constitution and that the courts lacked jurisdiction over matters relating to its internal administration.
The party has consistently argued that disputes over the emergence of its officers are internal affairs, adding that aggrieved members must first exhaust the dispute resolution mechanisms provided under the ADC Constitution before approaching the courts.
Justice Liman’s ruling appears to have reinforced this position.
Apart from holding that the plaintiff lacked the locus standi to institute the action, the court ruled that the dispute was not a pre-election matter, that it related to the internal affairs of the party, and that the plaintiff failed to exhaust the party’s internal remedies before filing the suit.
The ruling is expected to bolster the legal standing of the Mark-led NWC, as it not only struck out the suit for lack of jurisdiction but also directed INEC to recognise the party’s current national officers.
