The African Democratic Congress (ADC) has asked the Federal High Court in Abuja to dismiss a suit challenging its Senator David Mark-led interim leadership, arguing that the matter falls outside the jurisdiction of the courts.
In a preliminary objection filed on Monday, September 15, by its legal team led by Shuaibu Aruwa, SAN, the party said the case, brought by its former Deputy National Chairman, Nafiu Bala Gombe, was filed in bad faith.
It described the suit as “an abuse of the judicial process,” stressing that issues of party leadership are strictly internal affairs.
“We submit respectfully that the courts in Nigeria, including the apex court, have held consistently that matters touching on leadership of political parties are off the jurisdiction of our courts and hence non-justiciable,” the ADC argued.
The party added, “Political parties being associations, disputes regarding the internal affairs thereof, especially between the political party and any of its members, are not justiciable, therefore, not within the jurisdiction of courts.
“The courts do not have the requisite statutory vires to interfere in or with political decisions by political parties.”
The objection was raised on the day Senator Mark and members of the party’s National Working Committee (NWC) were scheduled to appear before Justice Emeka Nwite to show cause why the Independent National Electoral Commission (INEC) should not be stopped from recognising them.
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When the matter was called, only counsel for the ADC and INEC were present. Plaintiff’s counsel, Micheal Agber, told the court that processes had been served on the party on behalf of the NWC members.
However, Justice Nwite noted that the court’s file carried a blank service copy and held that the law requires personal service on each respondent. He therefore adjourned the matter until September 30 to allow proper service.
The plaintiff, who claims the party’s chairmanship, had earlier sought an interim injunction restraining Senator Mark and his team from parading themselves as leaders of the ADC.
Defendants in the case include the ADC, Senator Mark, former Osun State governor Rauf Aregbesola, INEC, and former ADC chairman Ralph Nwosu.
Justice Nwite, in an earlier ruling on September 4, had refused to grant the ex-parte request, instead directing that all defendants be placed on notice.
The suit comes shortly after INEC updated its records to reflect the Mark-led leadership.
It also follows the recent adoption of the ADC by a coalition powered by former Vice President Atiku Abubakar as the platform to challenge President Bola Tinubu’s re-election in 2027.