A lawyer representing the African Democratic Congress (ADC), Kalu Kalu, has maintained that the Federal High Court judgment nullifying the leadership of Senator David Mark did not invalidate the presidential candidacy of former Vice-President Atiku Abubakar.
Kalu said the November 5 judgment delivered by Justice Peter Lifu did not contain any order cancelling Atiku’s nomination or those of other candidates produced under the Mark-led leadership.
He made this clarification during an interview on Channels Television on Thursday, amid concerns about the implications of the ruling for the party’s participation in the 2027 general elections.
According to him, the public has misinterpreted the court’s decision by attributing orders to the judge that were not expressly contained in the judgment.
“There is no portion of that judgment that voids the candidacy of Atiku Abubakar and the other candidates of the party,” Kalu said.
He added that the ruling did not specifically invalidate Atiku’s nomination for the presidential election scheduled for January 16, 2027.
“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 stated.
The clarification follows a suit instituted 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 had argued that the vacant leadership positions should have been filled through a democratic process in line with the party’s constitution and the Electoral Act.
In his ruling, Justice Lifu nullified the emergence of Mark as National Chairman and former Minister of Interior, Rauf Aregbesola, as National Secretary.
The court also declared that decisions and actions taken by Mark, Aregbesola and other members of the National Working Committee from July 29, 2025, were invalid.
It further restrained the Independent National Electoral Commission from recognising the affected officials as national officers of the party or acting on decisions taken at the ADC’s 99th National Executive Committee meeting of July 27, 2025.
The judge held that the process through which the leadership emerged did not comply with the democratic requirements of Section 82(3) of the Electoral Act 2022, as well as relevant provisions of the party’s constitution and the 1999 Constitution.
However, the court declined to automatically recognise Gombe as the substantive National Chairman, despite identifying him as the only elected member of the National Working Committee whose four-year tenure remained valid.
The judgment has triggered uncertainty within the party, particularly over the status of candidates nominated under the Mark-led leadership.
Atiku, who emerged as the ADC’s presidential candidate, had earlier rejected the ruling and vowed to challenge it at the Court of Appeal. He subsequently selected former Rivers State Governor, Rotimi Amaechi, as his running mate.
The party has also challenged the judgment, describing it as politically motivated and arguing that its implications extend to thousands of candidates nominated for elective positions.
The ADC has reportedly filed an appeal and an application for a stay of execution, urging INEC to refrain from taking steps that could affect the outcome of the legal proceedings.
INEC, meanwhile, said it would study the certified true copy of the judgment and obtain legal advice before determining its next course of action.
The electoral commission maintained that it would not take a position on the dispute without first examining the court’s orders.
