ADC Leadership Crisis: What courts have decided, what remains unresolved

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The African Democratic Congress (ADC) is facing separate legal challenges over its national leadership and the conduct of party congresses as preparations gather pace for the 2027 general elections.

While some court decisions have favoured the leadership headed by former Senate President David Mark, another ruling has restricted aspects of the party’s congress arrangements. A leadership challenge brought by Nafiu-Bala Gombe was reported to be awaiting judgment on 5 October.

The Independent National Electoral Commission (INEC) currently lists Mr Mark as ADC national chairman and former Osun State governor Rauf Aregbesola as national secretary.

The listing, checked on 11 October, reflects INEC’s published administrative position but does not resolve the legal disputes.

Mr Bala is challenging the process through which the Mark-led leadership emerged, claiming authority to act as the party’s chairman.

On 5 October, BusinessDay reported that Justice Peter Lifu of the Federal High Court in Abuja reserved judgement in the suit, FHC/ABJ/CS/1819/2025, after counsel adopted their final written addresses.

The judge reportedly said the judgement date would be communicated to the parties.

PREMIUM TIMES could not confirm whether a date has been fixed.

The dispute also involves Mr Bala’s alleged resignation.

In a letter dated 21 July 2025, the ADC informed INEC that Mr Bala resigned on 17 May and that the party accepted his resignation.

The retrieved letter refers to an attached resignation document, but the attachment was unavailable for examination. The letter could not independently establish whether Mr Bala resigned, as the document cited as evidence of his resignation was not available for examination.

On 30 April, the Supreme Court set aside a Court of Appeal directive requiring the parties to maintain the status quo in the leadership dispute.

According to Channels Television, the Supreme Court returned the case to the Federal High Court for expeditious determination.

The ruling concerned the handling of the case, not a final decision on Mr Bala’s claim to the chairmanship.

The Mark-led ADC welcomed the judgement as an affirmation of its leadership, although the ruling did not determine the substantive dispute.

Another challenge, brought by House of Representatives member Leke Abejide, produced a ruling favourable to the Mark-led leadership on 2 July.

PREMIUM TIMES reported that Justice Musa Liman of the Federal High Court in Abuja considered questions of jurisdiction, standing and internal party remedies, alongside observations supporting the leadership transition.

The ADC described the decision as a striking out of the case and said it included directions concerning INEC’s recognition of its leadership.

The complete judgement and enrolled order were not obtained during the review, leaving the precise terms of the ruling unconfirmed.

The decision did not dispose of Mr Bala’s separate suit.

The ADC suffered a separate setback in litigation concerning the tenure of elected state executives and the authority to organise replacement congresses.

On 13 July, the Court of Appeal upheld, by a 2–1 majority, restrictions on INEC recognising state congresses conducted through committees appointed by the Mark-led caretaker leadership.

The ruling followed a Federal High Court decision concerning the rights of existing state executives and the conduct of congresses.

Reports of the appellate judgement also referred to restrictions on interference with state executives and questions concerning a national convention.

The complete judgements and enrolled orders are required to establish which party structures and activities were affected.

The reported ruling does not establish that every ADC candidate’s nomination has become invalid.

Following the 13 July decision, the ADC announced plans to challenge the ruling at the Supreme Court.

Its National Publicity Secretary, Bolaji Abdullahi, maintained that the judgement did not affect the party’s direct primaries.

But the review did not obtain a filed notice of appeal, an appeal number or a subsequent order staying the judgment.

It remains unclear whether the appeal has been filed, listed or heard, or whether any stay has been granted.

Two questions are central to the ADC’s legal position: whether the Federal High Court has fixed or delivered judgement in Mr Bala’s case, and whether a further appeal or stay has altered the effect of the July congress ruling.

The ADC and Mr Bala’s reported counsel were contacted for clarification but had not responded at the time of filing.

INEC’s published records identify the Mark-led leadership, but the outstanding questions concern the status of Mr Bala’s suit and the effect of the congress ruling. Whether either dispute affects particular nominations will depend on the applicable court orders, electoral law and circumstances of those nominations.

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