An ADC lawyer says the court judgment nullifying David Mark’s leadership did not invalidate Atiku Abubakar’s presidential candidacy
A lawyer representing the African Democratic Congress, Kalu Kalu, has insisted that a Federal High Court judgment nullifying the Senator David Mark-led leadership of the party did not invalidate former Vice-President Atiku Abubakar’s candidacy for the January 16, 2027 presidential election.
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Kalu argued that the judgment delivered by Justice Peter Lifu did not expressly cancel Atiku’s nomination or those of other candidates produced under the Mark-led leadership.
He made the clarification during an interview on Channels Television on Thursday, amid concerns about the ruling’s implications for the ADC’s participation in the 2027 general elections.
“There is no portion of that judgment that voids the candidacy of Atiku Abubakar and the other candidates of the party,” Kalu said.
He maintained that the court did not make a specific order invalidating Atiku’s nomination.
“The judgment of Honourable Justice Peter O. Lifu does not in any way void the candidacy of Atiku Abubakar for the presidential election coming up on the 16th day of January 2027,” he added.
The lawyer blamed the controversy on interpretations circulating on social media, arguing that some Nigerians had attributed conclusions to the court that were not expressly contained in its orders.
The dispute followed a November 5 judgment in a suit filed by Nafiu Bala Gombe, a former Deputy National Chairman of the ADC, who challenged the emergence of the Mark-led leadership after the resignation of the party’s former National Chairman, Ralph Nwosu, and other executives in July 2025.
Gombe argued that the vacancies created by the resignations should have been filled through a democratic process in accordance with the party’s constitution and the Electoral Act.
In his ruling, Justice Lifu nullified the emergence of Mark and former Minister of Interior, Rauf Aregbesola, as National Chairman and National Secretary, respectively.
The judge also declared that actions, decisions and steps taken by Mark, Aregbesola and other members of the National Working Committee from July 29, 2025, were null and void.
He restrained the Independent National Electoral Commission from recognising or dealing with the affected officials as national officers of the party.
The court further directed INEC not to recognise or act on decisions taken at the ADC’s 99th National Executive Committee meeting held on July 27, 2025, through which the Mark-led leadership emerged.
Justice Lifu held that the process that produced the leadership did not satisfy the requirement for democratic elections under Section 82(3) of the Electoral Act 2022 and violated provisions of the party’s constitution and the 1999 Constitution.
The judge also rejected a resignation letter allegedly written by Gombe, which the Mark-led faction had relied on to justify his exclusion from the party’s leadership structure.
According to the judgment, a comparison of the signature on the disputed document with those on Gombe’s sworn statements revealed material differences, making the letter unreliable proof that he had voluntarily resigned.
Although the court recognised Gombe as the only elected member of the party’s National Working Committee whose four-year tenure remained valid, it declined to automatically declare him the substantive National Chairman.
The judgment has heightened uncertainty over the ADC’s leadership and its candidates for the 2027 elections.
Atiku emerged as the party’s presidential candidate and subsequently chose former Rivers State Governor, Rotimi Amaechi, as his running mate.
The ruling also came against the backdrop of an earlier judgment delivered on July 2, 2026, by Justice Musa Liman of the same Federal High Court, which the Mark-led faction had relied on to defend its leadership.
The ADC argued that the two judgments were conflicting and maintained that a court of coordinate jurisdiction could not overturn or review the decision of another court of equal jurisdiction.
Atiku also rejected the November 5 ruling, describing it as an attempt to weaken the opposition and frustrate his presidential ambition.
He vowed to challenge the decision at the Court of Appeal and said it would not stop his campaign.
The party’s National Publicity Secretary, Bolaji Abdullahi, similarly rejected the judgment, describing it as politically motivated.
He warned that its implications extended beyond Atiku and the national leadership to thousands of candidates nominated by the party for elective positions.
The ADC subsequently filed an appeal and an application for a stay of execution, urging INEC not to take any action that could prejudice the outcome of the legal challenge.
INEC, meanwhile, said it would study the certified true copy of the judgment and obtain legal advice before deciding on its next course of action.
The commission said it would not take a position without examining the court’s orders.
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The legal dispute continues to deepen the ADC’s internal crisis as the party prepares for the 2027 general elections, with rival positions emerging over the validity of its leadership and the candidates nominated under it.
