More troubles for Atiku as court nullifies ADC leadership decisions, invalidates Gombe’s resignation letter

The development follows an earlier judgment nullifying the emergence of the National Working Committee (NWC) led by former Senate President, Senator David Mark, and former Minister of Interior, Rauf Aregbesola, as National Chairman and National Secretary, respectively.

In the judgment delivered on November 5, Justice Peter Lifu declared all actions, decisions and steps taken by the Mark-led leadership since its emergence on July 29, 2025, null and void.

The consequential order also invalidated decisions taken by the disputed NWC, including the process through which former Vice-President Atiku Abubakar emerged as the ADC’s presidential candidate for the 2027 general elections.

However, the court declined to declare Gombe the substantive National Chairman of the party, drawing a distinction between the invalidity of the process that produced the Mark-led leadership and the plaintiff’s claim to automatic succession.

According to the Certified True Copy (CTC) of the judgment obtained by our correspondent on Wednesday, the court ordered that:

“…all actions, decisions, and steps taken by the 2nd (David Mark) and 3rd (Rauf Aregbesola) defendants [and other members of the NWC they represent] as national officers of the 1st defendant (ADC), from July 29, 2025, the date of their unlawful and illegal emergence as such officers, are null, void, and without effect.”

Justice Lifu held that although Gombe’s position as the only elected member of the party’s NWC who had not resigned could have implications for the party’s administration, it did not automatically confer on him the substantive office of National Chairman.

“I must, however, distinguish the invalidity of a process from the plaintiff’s claim to automatic succession,” the judge held.

He further explained that the validity of the disputed leadership arrangement and Gombe’s entitlement to a particular national office were separate legal questions requiring independent consideration.

“The validity of the challenged process and the plaintiff’s entitlement to a particular office are related but separate questions,” he said.

The judge added that any declaration recognising Gombe as entitled to act in a particular national capacity must be supported by relevant provisions of the party’s constitution, evidence and applicable laws.

“Any relief declaring him entitled to act as a national officer must be supported by the applicable constitutional provisions and evidence, and subject to the internal working arrangements and decisions of the 1st Defendant and the provisions of applicable laws,” he stated.

Notwithstanding its refusal to recognise Gombe as the substantive National Chairman, the court declared that the Independent National Electoral Commission (INEC) was bound to recognise him as the only elected member of the ADC’s NWC whose four-year tenure remained valid.

Gombe had told the court that he was elected Deputy National Chairman on October 12, 2022, for a four-year tenure scheduled to expire on October 11, 2026.

He maintained that he remained the only elected member of the NWC who had not resigned following the resignation of former National Chairman, Ralph Nwosu, and other members of the party’s leadership on July 24, 2025.

The judgment, however, was delivered on November 5, approximately three weeks after the expiration of the tenure he relied upon.

In its consequential orders, the court restrained INEC from recognising or dealing with Mark, Aregbesola and the members of the NWC represented by them as national officers of the ADC.

It also restrained the two former officeholders from parading themselves as national officers of the party and dismissed the defendants’ counterclaim.

The suit, marked FHC/ABJ/CS/1819/2025, was instituted by Gombe against the ADC, INEC, Mark, Aregbesola and Nwosu.

The plaintiff had challenged the emergence of the Mark-led leadership at the party’s 99th National Executive Committee meeting in July 2025, contending that vacancies arising from the resignation of the previous leadership could only be filled through democratic elections in accordance with the party’s constitution and applicable laws.

The defendants, however, argued that the dispute concerned the internal affairs of the ADC and was therefore not a matter for judicial intervention.

Rejecting that position, Justice Lifu held that political parties were not exempt from compliance with constitutional and statutory requirements governing their operations.

The court found that the emergence of Mark and Aregbesola had not been demonstrated to have satisfied the requirement for democratic elections under Section 82(3) of the Electoral Act 2022.

Meanwhile, the ADC Presidential Campaign Council has alleged that Gombe acknowledged Mark as the party’s National Chairman during a National Executive Committee meeting, an assertion that introduces another dimension to the ongoing leadership dispute.

With the court nullifying the decisions of the Mark-led NWC while declining to declare Gombe the substantive National Chairman, the ruling leaves significant questions about the party’s legitimate leadership and the validity of its political arrangements ahead of the 2027 elections.

Of particular significance is the implication for Atiku Abubakar, whose emergence as the ADC’s presidential candidate was among the decisions invalidated by the court.

The judgment has therefore placed the party’s leadership structure and presidential nomination process under renewed legal uncertainty, with the resolution of its internal crisis likely to have far-reaching consequences for its participation in the 2027 general elections.

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