By Happiness Samuel
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.