ADC Takes Fight Against Court Ruling to Appeal Court, Notifies INEC Over Mark’s Leadership, Atiku’s Candidacy
The African Democratic Congress (ADC) has escalated its legal battle against the Federal High Court judgment nullifying the leadership of its National Working Committee, headed by former Senate President David Mark, and affecting the party's process of producing former Vice-President Atiku Abubakar as its presidential candidate for the 2027 general election.
The party disclosed that it had filed a Notice of Appeal challenging the judgment delivered on November 5, 2026, by Justice Peter Lifu of the Federal High Court, Abuja.
It also confirmed that it had formally notified the Independent National Electoral Commission (INEC) of the appeal and urged the commission to refrain from taking further steps based on the disputed judgment pending the determination of the legal challenge.
The development was contained in a statement issued by Phrank Shaibu, Director of Strategic Communication of the ADC Presidential Campaign Council.
According to the party, its legal team, led by Senior Advocate of Nigeria, Shaibu Enejoh Aruwa, filed the appeal alongside an application seeking a stay of execution of the judgment.
In a letter dated November 6, 2026, addressed to INEC, the party's lawyers informed the commission of the pending appeal and urged it to exercise caution in implementing decisions arising from the judgment.
The legal dispute originated from a suit instituted by Nafiu Bala Gombe, a former National Deputy Chairman of the ADC, who challenged the emergence and legitimacy of the David Mark-led leadership following the resignation of former National Chairman, Ralph Nwosu.
Gombe maintained that he was constitutionally entitled to assume the party's leadership after Nwosu's departure, questioning the process through which the caretaker leadership emerged.
In his November 5 judgment, Justice Lifu ruled against the Mark-led leadership, declaring its emergence unlawful and invalidating decisions taken under its authority. The ruling also affected the party's political arrangements, including the process associated with Atiku's emergence as its presidential candidate.
However, the ADC has challenged the decision, arguing that an earlier judgment delivered on July 2, 2026, by Justice Musa Liman of the Federal High Court had affirmed the legitimacy of the Mark-led leadership.
The party's position is that a court of coordinate jurisdiction cannot sit on appeal over a decision delivered by another court of equal jurisdiction.
By approaching the Court of Appeal, the ADC is seeking judicial intervention to overturn the latest ruling and protect its leadership structure and political preparations ahead of the 2027 general election.
Nevertheless, the filing of a Notice of Appeal does not automatically suspend the enforcement of the judgment. The party's separate application for a stay of execution must be considered and determined by the appropriate court.
The legal battle therefore remains far from concluded, with the outcome carrying significant implications for the ADC's internal leadership, its relationship with INEC and its readiness for the 2027 electoral contest.
For the opposition party, the immediate challenge is not merely to overturn the judgment but to secure legal clarity over its leadership and political structure before the electoral timetable gathers momentum.
The Analyst reports that the final determination of the dispute now rests with the appellate process, while the legal effect of the Federal High Court judgment remains subject to any subsequent court orders.