Coalition crisis: Court asked to sack Senator Mark-led interim ADC leadership

Three dissatisfied members of the African Democratic Congress (ADC) have filed a suit at the Federal High Court in Abuja, seeking the removal of the Senator David Mark-led interim leadership of the party.

The plaintiffs Adeyemi Emmanuel, Ayodeji Victor Tolu, and Haruna Ismaila also questioned the eligibility of Senator Mark and other newly appointed interim leaders, challenging their membership status within the party.

They requested the court to determine whether the transfer of the party’s leadership to individuals linked with a coalition was in breach of an existing court judgment.

The ADC was named as the 1st defendant in the suit marked *FHC/ABJ/CS/1328*, while the Independent National Electoral Commission (INEC) and the party’s immediate past National Chairman, Raph Nwosu, were joined as 2nd and 3rd defendants, respectively.

Also listed as 4th, 5th, and 6th defendants were Senator David Mark, who was recently appointed as Interim National Chairman; former Osun State Governor Rauf Aregbesola (Interim National Secretary); and ex-Minister of Sports Bolaji Abdullahi (Interim National Publicity Secretary).

In the suit, the plaintiffs posed specific legal questions for the court, including: “Whether or not the appointment of the 4th, 5th, and 6th Defendants as Interim National Chairman, National Secretary, and National Publicity Secretary of the 1st Defendant was made in breach of the provisions of the African Democratic Congress (ADC) Constitution, 2018 (as amended).”

They also asked: “Whether or not, given the combined provisions of Article 9, paragraph D of the ADC Constitution, 2018 (as amended), the 4th, 5th, and 6th Defendants are qualified to hold the respective offices to which they were appointed.

“Whether the key individuals involved in the merger, like the 4th, 5th, and 6th Defendants, were properly registered members of the 1st Defendant to qualify for a leadership position.

“Whether the constitution of the 1st Defendant, being an existing and not a newly formed political party, makes provisions for interim leadership positions such as Interim National Chairman, Interim National Secretary, and Interim National Publicity Secretary.

“Whether the current Executive Committee of the 1st Defendant ought not to have been dissolved or replaced only through a properly convened National Convention or a valid decision of the National Executive Committee (NEC).

“Whether the 2nd Defendant can lawfully recognise the 4th, 5th, and 6th Defendants as the Interim National Chairman, Interim National Secretary, and Interim National Publicity Secretary of the 1st Defendant, by the relevant provisions of the Constitution of the African Democratic Congress (ADC), 2018 (as amended)

“Whether or not the 3rd Defendant’s purported handover of the party’s leadership structure to the newly constituted leadership of the ADC is not a direct violation of the judgment delivered in Suit No. FHC/ABJ/1541/2022 by Hon. Justice Binta Nyako on 21st December 2022.”

After the court’s determination of the above questions, the plaintiffs are asking for a ruling that the formation of the interim leadership “is unconstitutional, unlawful, null and void.”

They also prayed the court to declare: “A Declaration that the appointment of the 4th, 5th, and 6th Defendants is inconsistent with and contrary to the combined provisions of the Constitution of the African Democratic Congress (ADC), 2018 (as amended).”

As of the time of filing this report, no date had been scheduled for hearing the suit.

It will be recalled that a coalition movement spearheaded by former Vice President Atiku Abubakar had recently adopted the ADC as its platform to challenge President Bola Tinubu in the 2027 presidential election.

In response, ADC’s founding National Chairman, Raph Nwosu, announced the dissolution of the party’s existing structures to make way for new leadership that would lead the coalition into the next general election cycle.