ADC Appeals Judgment Sacking David Mark-led Leadership, Seeks Stay, Writes INEC

Alex Enumah in Abuja

The African Democratic Congress (ADC) has appealed the judgment of a Federal High Court, Abuja, which sacked the National Executive Committee of the party led by Senator David Mark.

Besides, the ADC has also apply for a stay of execution of the judgment of Justice Peter Lifu, which recognized an aggrieved chieftain of the party, former National Deputy Chairman of the ADC, Nafiu Bala Gombe, as the authentic leader of the ADC.

Justice Lifu in a judgment delivered on Thursday, also nullified all actions taken so far by the Mark-led executive, for being unlawful, unconstitutional, illegal, null and void.

He had predicated his decision on the grounds that the Mark-led executive emerged through an unlawful process and should not be recognized by the Independent National Electoral Commission (INEC).

Barely 24 hours after the trial court’s verdict, the ADC had approached the appellate court to challenge the decision of the trial court and has also applied for an order halting the judgment dis-recognizing the Mark-led leadership pending the hearing and determination of the appeal.

The notice of appeal as well as the motion for stay dated November 6, was filed on behalf of the ADC by their team of lawyers led by Shaibu Enejoh Aruwa, SAN.

The report of the appeal and stay of execution were contained in a letter written to the Chairman of the Independent National Electoral Commission.

“We are counsel to the African Democratic Congress (ADC) the 1st Defendant in the above-mentioned suit.

“Recall that the Federal High Court, Abuja Judicial Division, delivered its judgment in the aforementioned suit in favour of the plaintiff thereof on November 5, 2026.

“The 1st Defendant being dissatisfied with the said judgment of the Federal High Court, has filed a Notice of Appeal against the judgment at the Court of Appeal. A copy of the Notice of Appeal dated November 6, 2026 is annexed for your confirmation and same is marked as Annexure “A”.

“The 1st Defendant has also filed Motion on Notice at the Federal High Court for the Stay of Execution of the judgment of the Federal High Court delivered on November 5, 2026 pending the hearing and determination of the appeal at the Court of Appeal. A copy of the Motion on Notice for Stay of Execution dated November 6, 2026 is annexed for your confirmation and same is marked as Annexure “B”.

“We therefore, write to bring to your attention that the plaintiff (Hon. Nafiu Bala Gombe) is aware of the appeal filed by the 1st Defendant (African Democratic Congress (ADC) as well as the Motion on Notice for Stay of Execution. The Motion on Notice for the Stay of Execution is yet to be taken by the Honourable Court.

“In view of the foregoing, we enjoined the Commission to stay further action on the subject matter of the suit pending the hearing and determination of the appeal now pending at the Court of Appeal”, the letter read.

Justice Peter Lifu had in a judgment delivered on Thursday held that the emergence of Senator Mark as chairman of the ADC as well as the other members of his executive violated the constitution as well as the guidelines of the ADC.

Recall that the former National Deputy Chairman of the ADC, Nafiu Bala Gombe, had approached the Federal High Court, Abuja, to challenge the emergence of the Senator David Mark led executive of the ADC.

The plaintiff in the suit marked: FHC/ABJ/CS/1819/2025, had claimed that following the resignation of the former National Chairman of the ADC, Chief Ralph Nwosu, he (Gombe) was qualified to assume the party’s leadership.

He had specifically prayed the court to restrain them from parading themselves as leaders of the party, on the grounds that the process that produced them violated constitutional provisions as well as the ADC’s guidelines.

Those sued included the ADC, Mark, Aregbesola, the Independent National Electoral Commission, INEC, and the party’s former National Chairman, Ralph Nwosu, as first to fifth defendants, respectively.

However, the defendants had asked the court to dismiss the suit for being incompetent and lacking in merit, explaining that the suit as constituted falls within the internal matters of a political party, and therefore outside the jurisdiction of the court.

Delivering judgment in the matter on Thursday, Justice Lifu had disagreed with the defendants, holding that their emergence as executives of the ADC did not follow the due process of the law.

The judge subsequently granted the reliefs sought by the plaintiff and declared as unconstitutional, unlawful, null and void, all actions and decisions taking by the Mark-led executive on behalf of the party.

Recall that the congresses and convention that produced former Vice President, Atiku Abubakar and other candidates vying for other elective offices both at the states and federal levels were conducted by the Senator David Mark led National Executive.