A lawyer representing the African Democratic Congress (ADC), Kalu Kalu, has insisted that the Federal High Court judgment nullifying the Senator David Mark-led leadership of the party did not invalidate former Vice-President Atiku Abubakar’s candidacy for the January 16, 2027 presidential election.
Kalu said the judgment delivered by Justice Peter Lifu did not cancel Atiku’s nomination or those of other candidates produced under the Mark-led leadership.
He made this clarification during an interview on Thursday, amid concerns over the impact of the ruling on the ADC’s participation in the 2027 general elections.
“There is no portion of that judgment that voids the candidacy of Atiku Abubakar and the other candidates of the party,” he said.
The lawyer maintained that the court did not make any specific order cancelling Atiku’s nomination as the party’s presidential candidate.
“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 added.
Kalu blamed the controversy on interpretations of the judgment circulating on social media, saying some Nigerians had attributed decisions to the court that were not contained in its orders.
“It’s just people, the social media we have in Nigeria, just imported what is not explicitly stated in that judgment,” he said.
The controversy followed a November 5 judgment in a suit filed by Nafiu Bala Gombe, a former Deputy National Chairman of the ADC, challenging the emergence of the Mark-led leadership.
Gombe had challenged the leadership structure that emerged after the resignation of the party’s former National Chairman, Ralph Nwosu, and other executives in July 2025.
He argued that the vacancies created by their resignations should have been filled through a democratic process in line with the party’s constitution and the Electoral Act.
In his judgment, Justice Lifu nullified the emergence of Mark and former Minister of Interior, Rauf Aregbesola, as National Chairman and National Secretary, respectively.
The judge also declared all actions, decisions and steps taken by Mark, Aregbesola and other members of the National Working Committee from July 29, 2025, null and void.
He further restrained the Independent National Electoral Commission (INEC) from recognising or dealing with the affected officials as national officers of the party.
The court also directed INEC not to recognise or act on decisions taken at the ADC’s 99th National Executive Committee meeting held on July 27, 2025, through which the Mark-led leadership emerged.
Justice Lifu held that the process that produced the leadership did not meet the requirements for democratic elections under Section 82(3) of the Electoral Act 2022. He also ruled that it violated provisions of the party’s constitution and the 1999 Constitution.
The judge also rejected a resignation letter allegedly written by Gombe, which the Mark-led faction had relied on to justify his exclusion from the party’s leadership structure.
He said a comparison of the signature on the disputed letter with those on Gombe’s sworn statements showed significant differences, adding that the document was not reliable proof of his voluntary resignation.
Although the court recognised Gombe as the only elected member of the party’s National Working Committee whose four-year tenure remained valid, it declined to declare him the substantive National Chairman.
The ruling has created uncertainty over the ADC’s leadership and its candidates for the 2027 elections, particularly Atiku, who emerged as the party’s presidential candidate and later selected former Rivers State Governor, Rotimi Amaechi, as his running mate.
The judgment also came despite an earlier ruling delivered on July 2, 2026, by Justice Musa Liman of the same Federal High Court, which the Mark-led faction had relied on to defend its leadership.
The ADC argued that the two judgments were conflicting, maintaining that a court of coordinate jurisdiction could not overturn or review the decision of another court of equal jurisdiction.
Atiku also rejected the November 5 judgment, describing it as an attempt to weaken the opposition and frustrate his presidential ambition.
He vowed to challenge the ruling at the Court of Appeal, insisting that it would not stop his campaign ahead of the 2027 elections.
The ADC, through its National Publicity Secretary, Bolaji Abdullahi, also rejected the judgment, describing it as politically motivated.
The party warned that the ruling could affect not only Atiku and its national leadership but also thousands of candidates nominated to contest elective positions under its platform.
It subsequently filed an appeal and an application for a stay of execution, urging INEC not to take any action that could affect the outcome of the legal challenge.
Meanwhile, INEC said it would study the certified true copy of the judgment and obtain legal advice before deciding on its next steps.
The electoral body maintained that it would not take a position on the dispute without first examining the court’s orders.
The leadership crisis continues to pose a challenge to the ADC as it prepares for the 2027 general elections, with the opposing factions maintaining different positions on the validity of the Mark-led leadership and candidates produced under it.