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The African Democratic Congress (ADC) has appealed a Federal High Court judgment nullifying the leadership of its National Executive Committee headed by former Senate President David Mark and invalidating the nomination of former Vice-President Atiku Abubakar as its presidential candidate for the 2027 Nigerian general elections.
The opposition party has also formally notified the Independent National Electoral Commission (INEC) of the appeal, urging the electoral body not to take further consequential action based on the judgment while the legal challenge remains pending.
The development follows a ruling delivered on Thursday, November 5, 2026, by Justice Peter Lifu of the Federal High Court in Abuja. The court declared the Mark-led caretaker leadership unlawful and nullified decisions taken under its authority, including the party's presidential primary that produced Atiku as its flag bearer.
In a statement issued on Friday, November 6, by Phrank Shaibu, Director of Strategic Communication of the ADC Presidential Campaign Council, the party confirmed that it had filed a notice of appeal alongside an application seeking a stay of execution of the judgment.
Shaibu said the application for a stay of execution had not yet been determined and urged INEC to exercise restraint until the Court of Appeal had an opportunity to consider the matter.
He warned that any action taken by the electoral commission before the appeal was heard could interfere with the appellate process and undermine the proper resolution of the dispute.
According to the party, its lawyers had also written directly to the INEC chairman, formally informing the commission of the legal proceedings and requesting that further action on the disputed leadership and nominations be suspended.
ADC Warns INEC Against Taking Action While Appeal Is Pending
The ADC said the appeal was a lawful response to the Federal High Court judgment and insisted that the electoral commission must recognise that the dispute had entered a new stage of judicial proceedings.
In its communication to INEC, the party's legal representatives requested that the commission suspend further action relating to the subject matter of the case until the appeal and application for a stay of execution had been considered.
Shaibu maintained that the party expected the electoral commission to respect the judicial process and avoid making decisions that could pre-empt the Court of Appeal.
He said the ADC was determined to defend its leadership structure and political rights through the available legal channels.
The party also urged its members, supporters and Nigerians who believe in opposition politics to remain calm, assuring them that the legal challenge would not prevent it from continuing its political activities.
The ADC insisted that its preparations for the 2027 general elections would continue despite the setback.
The party described the judgment as a challenge to its political participation and said it would not abandon its campaign or its commitment to presenting an alternative political platform to Nigerians.
However, filing an appeal does not automatically suspend the operation of a lower court's judgment. The ADC's application for a stay must be considered and determined by the appropriate court.
How the Leadership Dispute Started
The legal dispute originated from disagreements within the ADC following the resignation of its former National Chairman, Ralph Nwosu.
After Nwosu stepped down, a caretaker leadership arrangement emerged under the chairmanship of former Senate President David Mark. Former Osun State Governor Rauf Aregbesola also became involved in the party's national leadership as its secretary.
The arrangement was challenged by Nafiu Bala Gombe, a former ADC National Deputy Chairman for the North-East.
Gombe argued that the party's constitution entitled him to assume leadership responsibilities following Nwosu's resignation. He questioned the legality of the caretaker committee and maintained that the process through which Mark and other officials assumed their positions violated the party's constitutional provisions and established procedures.
The disagreement eventually developed into a court dispute, with Gombe seeking judicial intervention to invalidate the Mark-led leadership.
The case was brought before the Federal High Court in Abuja under suit number FHC/ABJ/CS/1819/2025.
The ADC and other defendants challenged the suit, arguing that the dispute concerned the internal affairs of a political party and should not be determined in the manner requested by the plaintiff.
However, Justice Lifu ruled in favour of Gombe, finding that the process through which the Mark-led caretaker leadership emerged was unlawful.
Court Ruling Also Affects Atiku Abubakar's Presidential Ambition
One of the most significant consequences of the judgment is its impact on Atiku Abubakar's political ambition.
Atiku, who served as Nigeria's Vice-President between 1999 and 2007, secured the ADC presidential ticket in May 2026 after moving into the opposition party.
His emergence as the party's presidential candidate was part of a broader effort by opposition figures to build a political platform capable of challenging President Bola Tinubu and the ruling All Progressives Congress in the 2027 elections.
However, because the court invalidated decisions taken under the disputed Mark-led leadership, the presidential primary that produced Atiku was also affected.
The judgment therefore placed his candidacy in serious legal uncertainty, alongside other ADC candidates nominated through processes conducted under the same leadership structure.
The ruling also affects the party's nominations for governorship, National Assembly and state legislative elections.
The ADC has rejected the judgment and maintained that it will pursue every available legal remedy to protect its candidates and political interests.
Atiku has similarly vowed to continue his presidential campaign, arguing that the legal development should not prevent Nigerians from choosing their preferred candidates.
Atiku Describes Judgment as an Attempt to Weaken Opposition
Following the ruling, Atiku criticised the decision, questioning the circumstances surrounding the case and its potential impact on opposition politics in Nigeria.
He suggested that the judgment was intended to weaken his political support, particularly in northern Nigeria, and disrupt the opposition's preparations for the 2027 presidential election.
The former vice-president maintained that his political ambition would not be abandoned because of the court decision.
Atiku also argued that Nigerians should have the opportunity to choose their leaders through a competitive and credible electoral process.
His position reflects wider concerns among some opposition supporters that prolonged legal disputes could undermine the ability of opposition parties to organise effectively before the next general election.
However, the legal proceedings remain separate from political arguments about the motivation behind the case. The allegations and counterclaims must be considered within the judicial process.
INEC Faces an Important Decision
The Independent National Electoral Commission is now at the centre of the unfolding dispute because of its responsibility for regulating political parties and administering Nigeria's elections.
The ADC's letter asks the commission to take account of the pending appeal and application for a stay of execution before taking further consequential steps.
The commission must consider the applicable court orders and relevant electoral laws when determining how to treat the party's leadership and candidate nominations.
The disagreement creates an important legal question about how the electoral body should respond while the appeal is pending.
The ADC argues that INEC should exercise restraint and avoid taking steps that could affect the outcome of the appellate proceedings.
However, the existence of an appeal alone does not automatically cancel or suspend the original judgment. Any suspension must come through an appropriate judicial order.
The situation therefore leaves the party facing uncertainty while the legal challenge progresses.
Political Implications Ahead of Nigeria's 2027 Elections
The dispute comes at a sensitive time for Nigeria's opposition parties as political preparations intensify ahead of the 2027 general elections.
The ADC had emerged as an important platform for opposition figures seeking to build a broader political alliance against the ruling APC.
Atiku's entry into the party and his emergence as its presidential candidate were viewed as significant developments in the opposition's efforts to consolidate political support.
The court ruling now threatens to disrupt that strategy by affecting the party's national leadership, presidential nomination and other candidate-selection processes.
If the judgment remains in force, the ADC could face serious difficulties in presenting candidates for the next elections under the leadership structure that produced them.
If the Court of Appeal overturns the decision or grants appropriate relief, the party could regain an opportunity to continue its preparations under the disputed leadership arrangement.
The outcome will therefore have consequences beyond the personal ambitions of David Mark and Atiku Abubakar. It could influence the strength of opposition politics, the organisation of political parties and the competitiveness of Nigeria's 2027 elections.
ADC Insists Its Campaign Will Continue
Despite the legal setback, the ADC has assured its supporters that its political activities will continue.
Shaibu said the party would not be intimidated or distracted from its responsibility to defend its rights and present its political message to Nigerians.
The party also urged supporters to remain confident while its lawyers pursue the appeal and seek a stay of execution.
It maintained that the legal dispute would not end its political movement or its efforts to address issues affecting Nigerians, particularly the rising cost of living and economic hardship.
The ADC said it remained committed to giving voters an alternative political choice and would continue pursuing its objectives through lawful means.
Conclusion
The African Democratic Congress has taken its leadership dispute to the Court of Appeal after a Federal High Court judgment nullified the David Mark-led leadership and invalidated Atiku Abubakar's nomination as the party's presidential candidate for the 2027 elections.
By filing an appeal and notifying INEC, the opposition party is seeking to prevent further consequential action while the legal challenge is considered.
The dispute, which began with disagreements over the succession of former National Chairman Ralph Nwosu, has now developed into a major political and legal challenge for the ADC.
Atiku has vowed to continue his presidential ambition, while the party insists that its campaign activities will proceed despite the judgment.
The next major development will be the courts' consideration of the appeal and the application for a stay of execution. Until then, the future of the ADC's leadership structure and its candidates for the 2027 elections remains uncertain.
The case is likely to remain one of Nigeria's most closely watched political and legal disputes as the country prepares for another presidential election.
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