By Reloaded News
Former Osun State Governor and National Secretary of the African Democratic Congress (ADC), Ogbeni Rauf Aregbesola, has approached the Court of Appeal to challenge the Federal High Court judgment that nullified the emergence of the David Mark-led leadership of the party.
In a notice of appeal filed on November 6, 2026, through his lawyer, Mohammed Sheriff, SAN, Aregbesola asked the appellate court to set aside the judgment delivered by Justice Peter Lifu of the Federal High Court, Abuja, arguing that the trial court lacked the jurisdiction to determine the issues surrounding his emergence as national secretary and the validity of resolutions adopted at the party’s 99th National Executive Committee (NEC) meeting.
The appeal places the jurisdiction of the lower court and the interpretation of the ADC constitution at the centre of the continuing leadership dispute.
Aregbesola listed Nafiu Gombe, the ADC, Senator David Mark, the Independent National Electoral Commission (INEC) and former National Chairman of the party, Chief Raph Nwosu, as the respondents.
Among the reliefs sought is an order setting aside the lower court’s decision to entertain and determine claims concerning his emergence into office and the validity of the resolutions of the 99th NEC meeting, to the extent that the appellate court finds those matters outside the lower court’s jurisdiction.
He also wants the appellate court to overturn the declaration that Gombe’s four-year tenure remained subsisting and that he was entitled to oversee the affairs of the party.
Aregbesola Disputes Court’s Interpretation of Party Constitution
One of the central arguments in Aregbesola’s appeal concerns whether his assumption of office as national secretary required a democratic election or could be treated as an interim appointment under the ADC constitution.
His lawyer argued that the trial judge misapplied Section 82(3) of the Electoral Act 2022 and Section 223(1)(a) of the 1999 Constitution by relying on the absence of a democratic election at the 99th NEC meeting to invalidate his emergence.
According to the appellant’s legal argument, Section 82(3) regulates elections into political party governing bodies, including elections to fill vacancies, while Article 23(4) of the ADC constitution empowers the appropriate executive organ to appoint an eligible replacement pending an election at the next convention or congress.
Aregbesola’s legal team maintained that the lower court ought to have determined whether the decision of the NEC meeting constituted an election or an interim appointment before applying the provisions governing democratic elections.
The appeal therefore challenges the legal basis upon which the trial court invalidated the resolutions affecting his position in the party.
In the alternative, Aregbesola asked the Court of Appeal to return the affected claims to the Federal High Court for a fresh hearing before another judge if it upholds the lower court’s jurisdiction but considers a retrial necessary.
Seeks Suspension of Judgment’s Implementation
Beyond challenging the judgment, the former Osun governor has also filed a separate application seeking a stay of execution pending the determination of his appeal.
The motion, dated November 7 and filed at the Federal High Court, seeks to restrain the enforcement of, or further consequential steps arising from, Orders 7 and 8 of the November 5 judgment, insofar as they affect his position and interests in the ADC.
The application, marked FHC/ABJ/CS/1819/2025, was filed through his counsel, who argued that the appeal raises substantial legal and factual questions that deserve consideration by the appellate court.
The legal team further maintained that implementing the disputed orders before the appeal is determined could affect the appellant’s position in the party and undermine the purpose of the pending appeal.
A Wider Test for ADC’s Leadership and 2027 Preparations
The legal dispute originated from a challenge by Nafiu Gombe, who claimed that he was entitled to assume leadership of the ADC following the resignation of former National Chairman, Raph Nwosu.
Gombe approached the Federal High Court seeking to invalidate actions taken by the David Mark-led leadership and restrain its members from presenting themselves as the party’s legitimate leadership.
Justice Lifu, in the November 5 judgment, ruled against the Mark-led leadership, nullifying its emergence and decisions taken under its authority.
The ruling has created uncertainty around the party’s leadership structure and the validity of political decisions taken under the disputed arrangement, including its preparations for the 2027 general elections.
Aregbesola’s appeal now seeks to have the legal questions surrounding his emergence and the party’s NEC resolutions reconsidered by the appellate court.
The outcome of the proceedings could have important implications for the ADC’s leadership, its relationship with INEC and the processes through which it prepares its candidates for the next general elections.
For now, the substantive issues remain before the courts, with the final determination of the competing claims dependent on the outcome of the judicial process.
