The National Secretary of the African Democratic Congress (ADC), Rauf Aregbesola, has appealed the Federal High Court’s judgment in Abuja, which nullified the David Mark-led leadership of the party.
Naija News reports that the former Osun State governor, in a notice of appeal filed on Friday by his lawyer, Mohammed Sheriff (SAN), asked the Court of Appeal to set aside the judgment delivered by Justice Peter Lifu on November 5, arguing that the trial court lacked jurisdiction.
Aregbesola listed Nafiu Gombe, the ADC, Mark, the Independent National Electoral Commission and Ralph Nwosu as respondents.
He asked the appellate court to overturn the lower court’s decision to assume jurisdiction over claims relating to his emergence as National Secretary and the resolutions of the party’s 99th National Executive Committee meeting.
He also wants the court to set aside the declaration that Gombe’s four-year tenure was still subsisting and that he was entitled to run the party.
Alternatively, Aregbesola asked that if the appellate court upholds the trial court’s jurisdiction but finds a retrial necessary, the matter should be sent back to the Federal High Court to be heard by another judge.
Sheriff outlined five grounds, arguing that Justice Lifu erred by holding that a challenge to INEC’s oversight role empowered the court to decide competing claims to the party’s leadership.
He also faulted the judge for relying on the absence of a democratic election at the NEC meeting to void Aregbesola’s assumption of office under Section 82(3) of the Electoral Act and Section 223(1)(a) of the Constitution.
The lawyer explained that while Section 82(3) governs elections into party offices, Article 23(4) of the ADC constitution allows the appropriate executive organ to appoint a replacement pending an election at the next convention.
“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,” he argued.
“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 added.
In a separate motion filed on Saturday at the Federal High Court, Aregbesola sought a stay of execution of the judgment pending the determination of his appeal.
The application seeks to restrain the enforcement of Orders 7 and 8 of the judgment.
Sheriff argued that the appeal raised substantial questions of law and fact, particularly on the court’s jurisdiction and the interpretation of the ADC constitution and the Electoral Act.
Gombe had approached the court, arguing that he was entitled to lead the ADC following Nwosu’s resignation as National Chairman.
He asked the court to nullify the actions of the Mark-led leadership and stop Mark, Aregbesola and other members of the interim National Working Committee from parading themselves as party leaders.
Justice Lifu, on November 5, nullified the Mark-led caretaker committee and its decisions, including the primary that produced Atiku Abubakar as the party’s presidential candidate.
The ADC had earlier said it had appealed the judgment and applied for a stay, while urging INEC to suspend action on the leadership dispute pending the outcome of the appeal.
