Court didn’t nullify Atiku’s candidacy, claims ADC lawyer
by Moronfolu Adeyemi · The Eagle OnlineA lawyer representing the African Democratic Congress, Kalu Kalu, has insisted that the 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.
Kalu argued that the ruling delivered by Justice Peter Lifu did not expressly cancel Atiku’s nomination or those of other candidates produced under the Mark-led leadership.
He stated this during an interview on Channels Television on Thursday, amid concerns over the implications of the judgment 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,” he said.
The lawyer maintained that the court did not issue any specific order invalidating Atiku’s emergence as the party’s presidential candidate.
“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.
He attributed the controversy to interpretations of the ruling circulating on social media, accusing some Nigerians of reading conclusions into the judgment that were not contained in its orders.
“It’s just people, the social media we have in Nigeria, just imported what is not explicitly stated in that judgment,” he said.
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The controversy followed a November 5 judgment in a suit filed by Nafiu Bala Gombe, a former Deputy National Chairman of the ADC, challenging 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 line with the party’s constitution and the Electoral Act.
In his judgment, 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 all actions, decisions and steps taken by Mark, Aregbesola and other members of the National Working Committee from July 29, 2025, null and void.
He further restrained the Independent National Electoral Commission from recognising or dealing with the affected officials as national officers of the party.
The court also directed INEC not to recognise or act on decisions taken at the ADC’s 99th National Executive Committee meeting of July 27, 2025, through which the Mark-led leadership emerged.
Justice Lifu held that the process that produced the leadership failed to meet 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 purportedly written by Gombe, which the Mark-led faction had relied on to justify his exclusion from the party’s leadership structure.
According to the ruling, a comparison of the signature on the disputed document with those on Gombe’s sworn statements showed material differences, making the letter unreliable as proof that he 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 ruling has generated uncertainty over the ADC’s leadership and its preparations for the 2027 elections, particularly the status of candidates produced under the Mark-led faction.
Atiku emerged as the party’s presidential candidate and subsequently picked former Rivers State Governor, Rotimi Amaechi, as his running mate.
The judgment also came despite an earlier ruling 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 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, insisting that it would not derail his campaign ahead of the 2027 elections.
The party, through its National Publicity Secretary, Bolaji Abdullahi, also rejected the judgment, describing it as politically motivated. It warned that the implications extended beyond the party’s national leadership to thousands of candidates nominated 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.
Meanwhile, INEC said it would study the certified true copy of the judgment and obtain legal advice before deciding on its next course of action.
The electoral body maintained that it would not take a position on the dispute without examining the court’s orders.
The legal battle has further deepened the ADC’s internal crisis as the party prepares for the 2027 general elections, with the rival factions maintaining opposing positions on the validity of the Mark-led leadership and the candidates produced under it.
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