As it is usually the case with big opposition parties at the moment, three aggrieved members of the African Democratic Congress (ADC), have filed a suit at the Federal High Court in Abuja, asking the removal of the Senator David Mark-led interim leadership of the party.
The suit initiators —Adeyemi Emmanuel, Ayodeji Victor Tolu, and Haruna Ismaila—are challenging the legitimacy of the interim leadership, questioning both the process of its formation and the eligibility of those appointed.
In the suit filed with number FHC/ABJ/CS/1328, the ADC was named as the 1st defendant, while the Independent National Electoral Commission (INEC) and the party’s immediate past National Chairman, Ralph Nwosu, were joined as the 2nd and 3rd defendants.
Interim National Chairman, Senator David Mark; who was recently appointed, former Osun State Governor, Rauf Aregbesola (Interim National Secretary); and former Minister of Sports, Bolaji Abdullahi (Interim National Publicity Secretary); were listed as the 4th, 5th, and 6th defendants, respectively.
The plaintiffs are asking the court to determine whether the handover of the party’s leadership to individuals involved in a merger violates a subsisting judgment. They also want clarity on whether the appointments of Mark, Aregbesola, and Abdullahi were made in breach of the ADC Constitution (2018, as amended).
They further questioned whether the individuals were properly registered party members and whether the party’s constitution allows for such interim positions in the first place.
The suit also challenges whether the existing executive committee could be dissolved or replaced without a properly convened national convention or a valid decision of the National Executive Committee (NEC).
In addition, they are asking the court to declare that INEC cannot lawfully recognize the interim leadership, and that the handover by the former chairman, Ralph Nwosu, is a violation of an earlier judgment delivered on December 21, 2022, by Justice Binta Nyako in suit no. FHC/ABJ/1541/2022.
The plaintiffs are urging the court to declare the interim leadership unconstitutional, unlawful, null and void.