You’ve no power to sack Mark-led leadership, ADC tells court

… arsenic deficiency of work stalls the proceeding of suit

By Ikechukwu Nnochiri

ABUJA – The African Democratic Congress, ADC, connected Monday, challenged the jurisdiction of the Federal High Court sitting successful Abuja to perceive a suit seeking to sack the Senator David Mark-led interim enactment of the party.

In a preliminary objection, the enactment filed done its squad of lawyers led by Mr. Shuaibu Aruwa, SAN, the ADC maintained that the suit, which was brought earlier the tribunal by a erstwhile Deputy National Chairman of the party, Nafiu Bala Gombe, was filed successful atrocious faith.

It described the suit arsenic an maltreatment of the judicial process, stressing that the origin of enactment successful the lawsuit bordered connected the interior affairs of a registered governmental enactment and, therefore, was non-justiciable.

“We taxable respectfully that the courts successful Nigeria, including the apex court, person held consistently that matters touching connected enactment of governmental parties are disconnected the jurisdiction of our courts and hence non-justiciable,” the ADC argued.

Relying ona plethora of decided authorities, the ADC urged the tribunal to onslaught retired oregon disregard the suit for privation of jurisdiction.

“Political parties being associations, disputes regarding the interior affairs thereof, particularly betwixt the governmental enactment and immoderate of its members, are not justiciable, therefore, not wrong the jurisdiction of courts.

“The courts bash not person the requisite statutory vires to interfere successful oregon with governmental decisions by governmental parties,” the ADC added.

The enactment took the presumption connected a time the tribunal fixed for members of its National Working Committee, NWC, led by Senator Mark, to look earlier it to amusement origin wherefore the Independent National Electoral Commission, INEC, should not beryllium barred from recognising them.

When the substance was called up, lone the enactment and INEC had ineligible representations.

Counsel to the plaintiff, Mr. Micheal Agber told the tribunal that helium served each the processes meant for members of the NWC, connected the party.

Reacting to the development, ADC’s lawyer, Mr. Aruwa, SAN, told the tribunal that helium was lone briefed to correspond the party.

Aruwa, SAN, further told the tribunal that speech from filing a memorandum of conditional appearance, helium arsenic filed process to adduce reasons wherefore the interim bid the plaintiff is seeking, should not beryllium granted.

On his part, Mr. Kingsley Magbai, who appeared for INEC, acknowledged that helium was served with the Originating Summons.

However, Justice Emeka Nwite noted that work transcript connected the court’s record was blank.

He held that the instrumentality was wide that processes successful specified matters indispensable beryllium personally served connected each of the Respondents and not done the governmental party.

Consequently, helium deferred proceeding of the lawsuit till September 30 to alteration the plaintiff to service the applicable processes connected each the Respondents.

The Plaintiff, who is laying assertion to the chairmanship spot of the party, had successful the ex-parte exertion helium anchored connected a suit marked: FHC/ABJ/CS/1819/2025, prayed the tribunal to restrain the Senator Mark-led faction from further parading themselves arsenic leaders of the party.

In the question that was dated September 2, the plaintiff specifically prayed the tribunal for: “An bid of interim injunction restraining the 4th suspect from recognizing the 2nd and 3rd defendants arsenic the National Chairman and National Secretary, their agents and privies of the 1st defendant/respondent herein, pending the proceeding of the question connected announcement hereby filed successful this matter.”

Cited arsenic 1st to 5th defendants successful the suit, are: the ADC; Senator Mark (Chairman); erstwhile politician of Osun State; Ogbeni Rauf Aregbesola; INEC; arsenic good arsenic the contiguous past National Chairman of the party, Chief Ralph Nwosu.

However, successful the ruling helium delivered connected September 4, Justice Nwite, alternatively of granting the ex-parte application, ordered the plaintiff to enactment the defendants connected announcement by serving the ineligible processes connected them.

The suit came fewer days aft INEC updated its records to bespeak the Senator Mark-led National Working Committee, NWC, of the ADC.

It volition beryllium recalled that a conjugation that was powered by erstwhile Vice President Atiku Abubakar had announced the adoption of ADC arsenic the level that volition situation President Bola Tinubu’s re-election bid successful 2027.

Following the announcement, the ADC, done its founding National Ch...