The African Democratic Congress (ADC) has taken its battle against the Federal High Court judgment nullifying the David Mark-led leadership of the party to the Court of Appeal, asking the Independent National Electoral Commission (INEC) not to take any consequential action while the legal challenge is pending.
The party says it has filed a notice of appeal against the judgment delivered on November 5, 2026, by Justice Peter Lifu, alongside an application seeking to suspend its execution pending the determination of the appeal.
The development was disclosed in a statement on Friday by Phrank Shaibu, Director of Strategic Communication of the ADC Presidential Campaign Council, who said the electoral commission had been formally notified of the legal steps.
Shaibu said the application for a stay of execution had yet to be determined, insisting that INEC must not act as though the pending proceedings do not exist.
“The Commission must respect the judicial process and allow the appellate court to hear the case,” he said.
He warned that any action taken by INEC before the appeal is heard could pre-empt the Court of Appeal and undermine the resolution of the dispute.
The party’s lawyers, S. E. Aruwa, SAN & Co., also wrote to the INEC chairman on November 6, notifying the commission of the appeal and the application for a stay of execution.
In the letter, the lawyers asked INEC to suspend further action on the subject matter of the suit pending the determination of the appeal.
The ADC, however, said the legal battle would not interrupt its political activities or its preparations for the 2027 general election.
“This is not the end of the road. The ADC is taking every lawful step to defend its rights, and we will not be intimidated or distracted from that responsibility,” Shaibu said.
He urged party members and supporters to remain calm and confident, adding that the party would continue to take its message to Nigerians.
“Our campaigns continue without interruption. There is no stopping the affordability train or our mission to make life better for Nigerians,” he said.
Justice Lifu’s judgment arose from a suit instituted by Nafiu Bala Gombe, a former ADC National Deputy Chairman for the North-East, who challenged the emergence of Mark and other members of the caretaker committee following the resignation of former National Chairman, Ralph Nwosu.
Bala argued that he was constitutionally entitled to assume the party’s leadership after Nwosu stepped down.
The court ruled against the Mark-led leadership, nullifying the caretaker committee and its decisions, including actions relating to the party’s process for selecting its 2027 presidential candidate.
The ruling also affected the process that produced former Vice President Atiku Abubakar as the party’s presidential candidate.
Reacting to the judgment, ADC National Publicity Secretary, Bolaji Abdullahi, described the ruling as an attempt to cripple the opposition and deny Nigerians the right to choose their leaders.
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