The African Democratic Congress (ADC) has filed an appeal against the Federal High Court judgment that sacked its Senator David Mark-led National Executive Committee and invalidated the nomination of former Vice President Atiku Abubakar as its presidential candidate for the 2027 general elections.
The opposition party has also filed an application for a stay of execution pending the hearing and determination of the appeal, while formally notifying the Independent National Electoral Commission (INEC) of the legal proceedings.
In a statement issued on Friday by the Director of Strategic Communication of the ADC Presidential Campaign Council, Phrank Shaibu, the party urged INEC to refrain from taking consequential steps based on the judgment while the appeal and stay application remained pending.
The development follows Thursday’s ruling by Justice Peter Lifu of the Federal High Court in Abuja, which declared the Mark-led ADC caretaker committee illegal and nullified actions taken under its leadership, including the presidential primary that produced Atiku as the party’s flag bearer.
The judgment arose from a suit filed by the party’s former National Deputy Chairman (North-East), Nafiu Bala Gombe, who challenged the process through which the Mark-led committee assumed control of the ADC.
Gombe had argued that following the resignation of the party’s former National Chairman, Ralph Nwosu, he was entitled to assume the party’s leadership.
However, the ADC has now challenged the lower court’s decision, seeking appellate intervention and a suspension of its enforcement pending the determination of the case.
A copy of the Notice of Appeal and Motion on Notice for a stay of execution, signed by Senior Advocate of Nigeria Shaibu Enejoh Aruwa and transmitted to INEC, was obtained by ARISE News on Friday.
According to the party, the application for a stay of execution has yet to be determined, making it necessary for INEC to exercise caution in responding to the judgment.
“The application for a stay has not yet been determined. INEC must therefore exercise restraint. It must not act as though the appeal and stay application do not exist, or take any step that could pre-empt the Court of Appeal and undermine the proper resolution of this matter,” the statement read.
“The Commission must respect the judicial process and allow the appellate court to hear the case.”
The ADC maintained that it was exercising its constitutional and legal right to challenge the judgment, insisting that the dispute should be allowed to proceed through the appellate process.
“The ADC is exercising its lawful right to appeal. The judgment is now under challenge before a higher court, and the legal process must be allowed to run its course,” Shaibu stated.
“We expect INEC to uphold the law and take full account of the pending proceedings before making any consequential decision.”
The party also appealed to its members and supporters to remain calm, assuring them that its leadership was pursuing available legal remedies to protect its interests.
“To our members, supporters and Nigerians who believe in democracy: remain calm, steadfast and confident. This is not the end of the road,” the statement said.
“The ADC is taking every lawful step to defend its rights, and we will not be intimidated or distracted from that responsibility. Our commitment to Nigerians and to their right to choose remains firm.”
Despite the legal setback, the opposition party insisted that its political activities and presidential campaign would continue uninterrupted.
“Our campaigns continue without interruption. There is no stopping the affordability train or our mission to make life better for Nigerians,” Shaibu declared.
“We will keep taking our message to the people as we pursue every lawful avenue to defend our rights.”
The ADC expressed confidence that the Court of Appeal would consider its arguments and evidence, reiterating its commitment to pursuing the dispute through lawful channels.
“We are confident that the facts and the law will receive a full hearing. The ADC will continue to pursue this matter through the courts and stand for a democratic process in which every party and every voter is treated fairly,” the statement added.
The filing of the appeal introduces a new phase in the ADC leadership dispute, with the party seeking to overturn the judgment that invalidated its executive leadership and Atiku’s presidential nomination.
However, the filing of an appeal and an application for a stay of execution does not automatically suspend the lower court’s judgment. The ADC’s request for a stay remains subject to judicial determination.
The party’s appeal also comes amid preparations for the 2027 general elections, with the ADC maintaining that its campaign activities will continue while the legal challenge proceeds.
Friday Olokor, Abuja
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