The Federal High Court in Abuja has fixed April 13, 2026, for judgment in a suit filed by Representative Leke Abejide seeking an order nullifying the handover of the African Democratic Congress’s leadership to Senator David Mark and Ogbeni Rauf Aregbesola, and restraining them from parading themselves as the party’s national chairman and national secretary respectively.
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Justice Musa Liman fixed the date on Friday after counsel for both the plaintiff and all five defendants adopted their processes and presented their arguments, bringing the case to a conclusion and leaving the court to deliver what could be a decisive ruling in the ADC leadership crisis with judgment expected in just three days.
The case, filed under Suit No. FHC/ABJ/CS/1637/2025 on February 15, 2026, was brought by Abejide a member of the House of Representatives elected on the ADC platform through his counsel Ibrahim Idris SAN.
The defendants are the ADC as first defendant, Chief Ralph Nwosu (the former national chairman who stepped down for Mark) as second defendant, Senator David Mark as third defendant, Ogbeni Rauf Aregbesola as fourth defendant, and INEC as fifth defendant.
Among eight reliefs, Abejide is seeking an order nullifying Nwosu’s handover or transfer of the ADC’s leadership to Mark and Aregbesola as interim national chairman and interim national secretary respectively on July 2, 2025, at the Shehu Musa Yar’Adua Centre in Abuja, declaring the exercise illegal, unlawful, null and void.
He seeks a perpetual injunction restraining Mark and Aregbesola from parading themselves as leaders of the party, on the grounds that their purported appointment, selection, or election was unlawful, illegal, null and void.
He also seeks a perpetual injunction restraining INEC from recognising Mark and Aregbesola as the ADC’s interim national chairman and interim national secretary, arguing that their appointment did not meet the requirements of Section 82 of the Electoral Act 2022, among other prayers.
All five defendants urged the court to dismiss the suit for lacking in merit.
The ADC, represented by Shaibu Aruwa SAN; Nwosu, represented by P.I. Oyewole; Mark, represented by Rilwan Okpanachi; and Aregbesola, represented by I.R. Abdullahi, raised multiple grounds for dismissal.
They submitted that Abejide lacked the legal right known as locus standi to institute the suit, arguing he had not demonstrated sufficient interest or injury to justify the action.
In separate preliminary objections, the defendants argued that the subject matter of the suit borders on the internal affairs of a political party, which they contend is non-justiciable meaning the court lacks jurisdiction to adjudicate on matters of internal party governance.
In a significant factual dispute, the defendants stated that contrary to Abejide’s submission, the Mark-led leadership was elected on July 29, 2025, at a National Executive Committee meeting of the party not merely appointed or handed over on July 2, 2025, as the plaintiff alleged.
This distinction is important because if Mark’s emergence was through a NEC election rather than a unilateral handover by Nwosu, it carries a different legal character and potentially stronger constitutional backing within the party’s internal rules.
The defendants argued that the matter is academic and urged the court to dismiss the suit with substantial costs in line with Section 83(5) of the Electoral Act 2026.
INEC, through its counsel Anthony Onyeri, also prayed the court to dismiss the suit. The commission filed an eight-paragraph counter-affidavit with an exhibit marked Exhibit INEC-1, though the specific contents of the exhibit were not disclosed in open court.
INEC’s opposition to the suit is notable given that the commission has itself removed the Mark-Aregbesola leadership from its portal — a separate action that the Mark faction is challenging in another pending application before Justice Emeka Nwite.
Friday’s proceedings represent just one of several legal battles currently being fought over the ADC’s leadership across different courts.
The Nafiu Bala Gombe suit (FHC/ABJ/CS/1819/2025) before Justice Nwite was the first to be filed, on September 2, 2025. That case triggered the Court of Appeal’s “status quo ante bellum” order, which INEC subsequently interpreted to justify removing the Mark-Aregbesola leadership from its portal.
The David Mark faction has since filed its own motion before Justice Nwite seeking a mandatory injunction to compel INEC to restore its leadership to the portal.
The Abejide suit before Justice Liman is a separate action raising similar but distinct questions about the legality of Mark’s emergence as chairman.
The former legislators’ deregistration suit before Justice Lifu, while not directly about the ADC’s internal leadership, seeks the party’s outright deregistration — adding another layer of legal jeopardy.
Justice Liman’s judgment on April 13 could be pivotal. If the court rules in Abejide’s favour and nullifies Mark’s leadership, it would provide additional judicial backing for INEC’s decision to remove the Mark-Aregbesola names from its portal and could effectively end the Mark faction’s claim to the party.
If the court dismisses the suit on grounds of non-justiciability, lack of locus standi, or on the merits it would strengthen Mark’s position and potentially weaken the parallel challenge by Gombe before Justice Nwite.
Either way, the ruling will be delivered at a critical moment. Party primaries are expected between April 23 and May 30, 2026. The ADC currently has no recognised leadership on INEC’s portal. Without recognised leadership, the party cannot conduct valid primaries, nominate candidates, or participate meaningfully in the 2027 elections.
The April 13 judgment is therefore not merely a legal ruling it is a decision that could determine whether the ADC exists as a credible electoral force in 2027 or collapses under the weight of its internal contradictions and competing court orders.
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