Federal High Court: Nullifies Atiku ADC Primary, Invalidates Mark-Led Committee

• The Federal High Court nullified the David Mark-led leadership of the African Democratic Congress (ADC).
• Justice Peter Lifu's ruling invalidated the presidential primary that nominated Atiku Abubakar as ADC's flag bearer for 2027.
• The court found the Mark-led committee violated the ADC constitution, Electoral Act, and 1999 Constitution.
• All candidate nominations by the ADC for the 2027 elections under this leadership were also nullified.
• Both Atiku Abubakar and the ADC have announced plans to appeal the judgment.

The invalidation of the David Mark caretaker committee underscores the critical importance of strict adherence to internal party governance and Nigerian electoral law party primaries.

The Federal High Court in Abuja has delivered a significant ruling, effectively nullifying the leadership of the African Democratic Congress (ADC) led by David Mark, and consequently invalidating all actions undertaken by the committee, including the presidential primary that had nominated Atiku Abubakar as the party's flag bearer. Justice Peter Lifu, presiding over the case, declared the Mark-led Caretaker Committee as illegal, leading to a cascade of invalidations impacting the party's structure and its preparations for the upcoming 2027 general elections.

This pivotal judgment also rescinded the appointment of former Minister of Interior, Rauf Aregbesola, as the ADC's National Secretary. Furthermore, the court's decision extended to nullify the appointments of other national officers within the party, alongside all candidate nominations presented by the ADC for the 2027 elections. The ruling stems from a suit, FHC/ABJ/CS/1819/2025, initiated by Nafiu Bala Gombe, a former Deputy National Chairman (North-East) of the ADC, who contested the legitimacy of the process through which the Mark-led committee assumed control.

Nafiu Bala Gombe's legal challenge asserted his constitutional right to assume leadership of the African Democratic Congress following the resignation of the party's former National Chairman, Ralph Nwosu. Gombe sought judicial intervention to invalidate the actions of the David Mark-led leadership and to prevent Mark and Rauf Aregbesola from presenting themselves as the party's National Chairman and National Secretary, respectively. The suit named the ADC, the Independent National Electoral Commission (INEC), David Mark, Rauf Aregbesola, and Ralph Nwosu as defendants.

Justice Lifu, in upholding Gombe's arguments, determined that the formation and operation of the Mark-led leadership constituted a clear violation of the ADC's own constitution. Crucially, the court also found that the committee's actions contravened relevant provisions of the Electoral Act and the 1999 Constitution. This comprehensive breach of established legal and party procedures formed the bedrock of the court's decision to declare the caretaker committee illegal and its subsequent actions, including the Atiku Abubakar 2027 presidential candidacy primary, invalid.

The Federal High Court's decision has ignited a strong reaction from political figures, notably Festus Keyamo, the Minister of Aviation and Aerospace Development. Keyamo publicly criticized former Vice-President Atiku Abubakar, emphasizing that legal outcomes are determined by facts and evidence, not by emotional appeals or public outrage. In a social media post titled ‘Justice may be slow, but it is always SURE!’, Keyamo accused the Mark-led faction of attempting to seize control of a political party without adhering to established constitutional procedures, specifically citing the absence of a prior meeting and approval from a mini National Convention or the National Executive Committee.

This ruling introduces significant uncertainty into the African Democratic Congress's preparations for the 2027 general elections. The status of the presidential primary that produced Atiku Abubakar, along with all other political arrangements made under the now-nullified leadership, remains in question. Both Atiku Abubakar and the ADC have swiftly announced their intention to appeal the judgment, signaling a continued legal battle over the party's leadership and its electoral prospects. The invalidation of the David Mark caretaker committee underscores the critical importance of strict adherence to internal party governance and Nigerian electoral law party primaries.

This ruling underscores the critical importance for political parties and their legal advisors to ensure strict adherence to party constitutions and the Electoral Act when effecting leadership changes or conducting primaries. Non-compliance, as seen with the Mark-led ADC committee, can lead to the nullification of all subsequent actions, including candidate nominations, creating significant legal challenges and uncertainty for elections. Lawyers should advise clients on internal party governance and electoral compliance to prevent similar invalidations.

Source: Original reporting via Punch Newspapers