Rauf Aregbesola has appealed the Federal High Court judgment nullifying the David Mark-led ADC leadership, asking the Court of Appeal to overturn the decision and seeking a stay of execution pending the determination of his appeal.
Chief Rauf Aregbesola, the National Secretary of the African Democratic Congress (ADC) under the leadership of Senator David Mark, has appealed the Federal High Court judgment that nullified their emergence as the party’s recognised leaders.
Aregbesola, through his lawyer, Mohammed Sheriff, SAN, filed a notice of appeal on Friday, November 6, asking the Court of Appeal to overturn the judgment delivered by Justice Peter Lifu of the Federal High Court in Abuja on November 5.
In the notice of appeal made available to journalists on Sunday, Aregbesola listed Nafiu Gombe, the ADC, Senator Mark, the Independent National Electoral Commission (INEC) and Chief Raph Nwosu as the first to fifth respondents.
He urged the appellate court to set aside the lower court’s decision on the grounds that it lacked jurisdiction to determine disputes concerning his emergence as national secretary and the validity of resolutions reached at the party’s 99th National Executive Committee (NEC) meeting.
Aregbesola also asked the court to strike out the claims against him and those arising from the disputed NEC resolutions if it finds that the Federal High Court lacked the jurisdiction to entertain them.
Alternatively, he sought an order setting aside the findings and orders invalidating his assumption of office as national secretary, as well as the decision nullifying the resolutions of the 99th NEC meeting insofar as they affect him.
He further challenged the declaration that Gombe’s four-year tenure remained valid and that he was entitled to oversee the affairs of the party.
In the event that the Court of Appeal upholds the lower court’s jurisdiction but considers a retrial necessary, Aregbesola asked that the affected claims be returned to the Federal High Court for hearing before a different judge.
He also requested an award of costs in his favour.
Sheriff outlined five grounds of appeal, arguing that Justice Lifu erred in law by assuming that the challenge to INEC’s statutory oversight powers gave the lower court jurisdiction to determine competing claims to the ADC leadership arising from the 99th NEC meeting.
The senior lawyer also faulted the trial judge’s interpretation of Section 82(3) of the Electoral Act 2022 and Section 223(1)(a) of the 1999 Constitution, which were relied upon in invalidating Aregbesola’s emergence.
He argued that while Section 82(3) regulates elections into political party governing bodies, Section 223(1)(a) provides for periodic democratic elections within political parties.
However, he maintained that Article 23(4) of the ADC Constitution empowered the appropriate executive organ to appoint an eligible substitute pending an election at the next convention or congress.
According to him, the absence of voting at the 99th NEC meeting did not automatically determine whether Aregbesola’s emergence was an election or an interim appointment under the party’s constitution.
He argued that the trial court applied the requirements for electing party officials without first determining whether the disputed appointment fell within the interim appointment provision relied upon by his client.
In a separate motion on notice dated and filed on November 7, Aregbesola asked the Federal High Court to stay the execution and enforcement of its November 5 judgment pending the hearing and determination of his appeal.
The motion, filed by Sheriff, sought an order restraining the enforcement or implementation of Orders 7 and 8 of the judgment and any further consequential steps arising from them.
The application, which contained 12 grounds of argument, stated that Aregbesola was dissatisfied with material aspects of the judgment and had exercised his constitutional right to appeal.
Sheriff argued that the appeal raised substantial and arguable questions of law and fact requiring the consideration of the Court of Appeal.
He said the issues included the jurisdiction of the trial court, the interpretation of the ADC Constitution and the application of relevant provisions of the Electoral Act.
The leadership crisis followed a suit filed by Gombe, who argued that he was constitutionally entitled to assume leadership of the ADC following the resignation of the party’s former National Chairman, Chief Raph Nwosu.
Gombe asked the Federal High Court to invalidate actions taken by the Mark-led leadership and restrain Mark, Aregbesola and other members of their interim National Working Committee (NWC) from presenting themselves as the party’s legitimate leaders.
He maintained that their emergence violated the ADC Constitution and relevant provisions of the Electoral Act.
The suit, marked FHC/ABJ/CS/1819/2025, listed the ADC, INEC, Mark, Aregbesola and Nwosu as defendants.
However, Mark, Aregbesola and other members of the disputed leadership opposed the suit, urging the court to dismiss it on the grounds that Gombe was no longer a deputy national chairman of the party when Nwosu resigned.
The appeal and application for a stay of execution now place the ADC leadership dispute before the appellate court for further consideration.
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