 |
| Mark’s appointment sparks major party rule debate |
The suit, marked FHC/ABJ/CS/1328/2025, names the ADC as first defendant, the Independent National Electoral Commission (INEC) as second, and former ADC National Chairman Raph Nwosu as third. Senator Mark, ex-governor Rauf Aregbesola, and ex-minister Bolaji Abdullahi are fourth to sixth defendants, respectively.
Plaintiffs Adeyemi Emmanuel, Ayodeji Victor Tolu, and Haruna Ismaila ask the court to decide whether appointing individuals tied to a coalition merger violates the ADC’s constitution and a subsisting judgment from December 21, 2022.
They also question whether the interim leaders meet membership and tenure requirements. Among their prayers is a declaration that the interim appointments are “unconstitutional, unlawful, null and void.”
No hearing date is set.
Former Vice President Atiku Abubakar led coalition picked ADC as platform for 2027 presidential race in May 2025 surprisingly. Founding Chairman Nwosu dissolved existing party structures shortly afterwards effectively paving way for fresh leadership rapidly.
Critics argue the move sidelined due process. ADC’s 2018 constitution, as amended, requires a two-year membership before holding national office and mandates leadership changes only at a properly convened national convention.
INEC sources say no formal notice of leadership change was on file. Nwosu and Abdullahi reportedly sent letters on July 4 and 5, 2025, announcing a National Executive Committee meeting for July 29 and a primary on August 16.
Plaintiffs ask the court to rule on several questions:
1. Breach of Constitution: Whether appointing Mark, Aregbesola, and Abdullahi violates Article 9(D), which bars those involved in a merger from holding office.
2. Membership Requirements: Whether the interim leaders met the two-year membership rule in Article 23.
3. Proper Process: Whether dissolving the existing leadership without a national convention breaches Article 17’s provisions on tenure and elections.
4. INEC Recognition: Whether INEC lawfully recognized the interim team under the ADC’s constitution.
5. Violation of Judgment: Whether Nwosu’s handover violated Justice Binta Nyako’s December 21, 2022, judgment in Suit FHC/ABJ/1541/2022.
Brigadier (Ret.) David Mark (b. April 8, 1948) served as Nigeria’s Senate President from 2007 to 2015. He represented Benue South from 1999 until 2019. Before politics, he was military governor of Niger State (1984–1986) and later Minister of Communications. In May 2025, he resigned from the PDP to join the ADC and was named interim National Chairman.
Mark is the longest-serving Senate President in Nigeria’s history. His appointment aims to boost ADC’s national profile ahead of the 2027 contest. But some members view his coalition ties as a conflict with party rules.
University of Lagos law professor Dr. Wahab Shittu (SAN) says coalition members must resign from previous parties before joining ADC. Holding dual membership risks “forum shopping,” which breaches Nigeria’s Electoral Act. He warns such actions could invalidate party positions.
Shittu adds parties must follow due process in constitutional amendments. He notes INEC should supervise any change and require public hearings. “You cannot amend rules in secret. INEC must oversee,” he said.
Raph Nwosu defends the interim appointments, saying constitutional amendments allow a coalition-driven leadership shift. He insists experts guided the process. “Our party welcomes new energy. We acted within our amended rules,” he stated.
Nwosu argues a leader stepping aside for coalition unity shows maturity. He says any panic stems from fear of change, not legitimate procedure issues.
The court’s decision could reshape ADC’s leadership and coalition strategy. A ruling against the interim team risks delaying candidate selection for by-elections and the 2027 race. It may also deter future coalitions if party constitutions prove inflexible.
Supporters say a strong, united ADC can challenge President Bola Tinubu’s re-election bid. Critics warn internal strife could weaken opposition efforts. The pending judgment will test ADC’s claim to democratic practice.
No hearing date is fixed. Parties await the court’s timetable. Meanwhile, ADC officials press ahead with coalition plans, and critics prepare legal briefs. The outcome will influence ADC’s internal democracy and its role in Nigeria’s political landscape.