The National Secretary of the African Democratic Congress (ADC), Rauf Aregbesola, has challenged the jurisdiction of the Federal High Court in Abuja to entertain the suit that led to the nullification of his position and the David Mark-led leadership of the party.
Aregbesola, through his lawyer, Mohammed Sheriff (SAN), argued that Justice Peter Lifu erred in assuming jurisdiction to determine competing claims to the ADC leadership arising from the party’s 99th National Executive Committee (NEC) meeting.
S. E. Aruwa (SAN) had filed an appeal on behalf of the party’s National Chairman David Mark, challenging the judgment nullifying his emergence as the ADC leader.
In a parallel notice of appeal filed on Friday, he urged the Court of Appeal to set aside the November 5 judgment for want of jurisdiction, arguing that the lower court was wrong to treat a challenge to the Independent National Electoral Commission’s (INEC’s) statutory oversight as grounds for determining the party’s internal leadership dispute.
The appellant sought an order striking out the claims against him and those founded on the disputed resolutions of the 99th NEC meeting, as long as the appellate court finds that the lower court lacked jurisdiction to entertain them.
In the alternative, he asked the Court of Appeal to set aside the findings invalidating his assumption of office as the National Secretary and the resolutions of the NEC meeting, as long as they affected him, and dismiss the claims on which the orders were based.
Aregbesola also challenged the declaration that Nafiu Gombe’s four-year tenure remained subsisting and that he was entitled to oversee the affairs of the party.
The former Osun State governor prayed the appellate court to remit the affected claims to the Federal High Court for rehearing before another judge if it upholds the lower court’s jurisdiction but finds a retrial necessary.
The notice of appeal listed Gombe, the ADC, Mark, INEC, and former National Chairman Raph Nwosu as the first to the fifth respondents.
Beyond the jurisdictional challenge, Aregbesola raised questions about the interpretation of Section 82(3) of the Electoral Act 2022, and Section 223(1)(a) of the 1999 Constitution, as amended.
His lawyer argued that the trial judge erred in invalidating his assumption of office on the ground that no democratic election was conducted at the 99th NEC meeting.
Sheriff submitted that while Section 82(3) regulates elections into party governing bodies, including elections to fill vacancies, Article 23(4) of the ADC’s constitution empowers the appropriate executive organ to appoint an eligible substitute pending an election at the next convention or congress.
“The absence of voting did not resolve whether the resolutions effected an election or an interim appointment under the provision relied upon by the appellant.
“The lower court applied the requirements governing an election to fill a vacancy without first resolving whether the appellant’s assumption of office fell within the interim appointment power asserted under Article 23(4),” he argued.
In a separate motion on notice dated November 7, Aregbesola also prayed the Federal High Court to stay execution of the November 5 judgment pending the hearing and determination of his appeal.
The motion, which Sheriff filed on the development, sought five reliefs, including an order restraining the enforcement of, or further consequential steps pursuant to, Orders 7 and 8 of the judgment.
Read Also:ADC urges members, candidates to continue campaigns amid court judgment
*Constant frustrations of INEC Chairman*
2027: Nigeria won’t fall if Atiku is not on the ballot -Festus Keyamo
The lawyer argued in the 12 grounds supporting the application that Aregbesola was dissatisfied with material aspects of the ruling and had exercised his constitutional right of appeal.
He maintained that the appeal raised substantial and arguable questions of law and fact, particularly on the trial court’s jurisdiction and the interpretation of the ADC constitution and relevant provisions of the Electoral Act.
The appeal followed a suit that Gombe filed in which he argued that he was constitutionally entitled to assume the party’s leadership following Nwosu’s resignation as national chairman.
Gombe had asked Justice Lifu to invalidate actions taken by the Mark-led leadership and restrain Mark, Aregbesola and other members of the party’s interim National Working Committee (NWC) from parading themselves as legitimate leaders of the party.
He contended that their emergence violated the ADC constitution and relevant provisions of the Electoral Act.
