Aregbesola, who served as national secretary under the Mark-led faction, is challenging the November 5 decision of the Federal High Court in Abuja, arguing that the trial court had no jurisdiction to determine the dispute over the party’s internal leadership.
Titiansloaded reports that in the notice of appeal made available to journalists on Sunday, Aregbesola asked the appellate court to set aside the ruling delivered by Justice Peter Lifu.
The former governor listed Nafiu Gombe, the African Democratic Congress, David Mark, the Independent National Electoral Commission and Chief Raph Nwosu as respondents in the appeal.
A central issue in his challenge is whether the Federal High Court had the legal authority to rule on the decisions reached at the ADC’s 99th National Executive Committee meeting and the process that produced the Mark-led leadership.
Sheriff, who presented five grounds of appeal, argued that the trial judge wrongly relied on INEC’s statutory supervisory responsibilities to assume jurisdiction over what he described as an internal party administrative dispute.
The appellant also faulted the court’s interpretation of Section 82(3) of the Electoral Act 2022 and Section 223(1)(a) of the 1999 Constitution, as amended.
According to the lawyer, the provisions on party elections should not have been applied without first determining whether Aregbesola’s emergence as national secretary was an election or an interim appointment.
He relied on Article 23(4) of the ADC Constitution, which he said permits the appropriate party executive organ to appoint a qualified person to fill a vacant position pending an election at the next convention or congress.
Sheriff argued that the trial court failed to consider this distinction before reaching its conclusion on the legality of the appointment.
Aregbesola is asking the Court of Appeal to reverse the findings that invalidated his emergence and the resolutions of the NEC meeting. He also wants the claims against him, insofar as they relate to the disputed resolutions, struck out if the appellate court determines that the lower court lacked jurisdiction.
Another part of the appeal seeks to overturn the declaration that Gombe’s four-year tenure remained valid and that he was entitled to take charge of the party’s affairs.
Alternatively, Aregbesola wants the case returned to the Federal High Court for a fresh hearing before another judge if the Court of Appeal upholds the lower court’s jurisdiction but considers a retrial necessary. He has also requested the cost of the appeal.
In a separate move, the former governor has asked the Federal High Court to suspend the enforcement of parts of its November 5 judgment while the appeal is being considered.
The application, filed on November 7 and marked FHC/ABJ/CS/1819/2025, seeks a stay of execution of Orders 7 and 8 of the ruling, as well as any further steps arising from their implementation.
The motion, also filed through Sheriff, is supported by 12 grounds. The lawyer argued that enforcing the disputed orders before the appeal is determined could affect his client’s position and the issues already placed before the appellate court.
He maintained that the appeal raises substantial questions concerning the trial court’s jurisdiction, the interpretation of the ADC Constitution and the application of relevant provisions of the Electoral Act.
The dispute began after Gombe approached the Federal High Court, challenging the emergence of the Mark-led leadership.
Gombe argued that he was entitled to take over the party’s leadership following the resignation of its former national chairman, Raph Nwosu.
He asked the court to invalidate actions taken by the Mark-led faction and stop its members from presenting themselves as the legitimate leadership of the ADC.
Mark, Aregbesola and other members of the faction opposed the suit, maintaining that Gombe was no longer the party’s deputy national chairman when Nwosu resigned and therefore could not automatically assume the chairmanship.
Justice Lifu’s November 5 judgment invalidated the emergence of the Mark-led leadership, prompting Aregbesola’s latest legal challenge.
The Court of Appeal is now being asked to determine whether the Federal High Court had the authority to hear the dispute and whether the party’s procedures for filling the vacant position complied with its constitution and the law.
