Firdaus Obiremi
Former Osun State Governor and National Secretary of the African Democratic Congress (ADC), Rauf Aregbesola, has approached the Court of Appeal to challenge the Federal High Court judgement which invalidated the emergence of the David Mark-led leadership of the party.
Aregbesola, through his counsel, Mohammed Sheriff (SAN), filed a notice of appeal on Friday, asking the appellate court to set aside the November 5 judgement delivered by Justice Peter Lifu of the Federal High Court, Abuja, on the grounds that the trial court lacked jurisdiction to entertain the suit.
The appeal, made available to journalists on Sunday, listed Nafiu Gombe, the ADC, former Senate President David Mark, the Independent National Electoral Commission (INEC) and Raph Nwosu as the first to fifth respondents, respectively.
Aregbesola is seeking an order nullifying the lower court’s decision to assume jurisdiction over disputes surrounding his emergence as national secretary and the validity of resolutions reached at the party’s 99th National Executive Committee meeting.
He also urged the Court of Appeal to strike out the claims against him and those arising from the disputed NEC resolutions, arguing that they fell outside the jurisdiction of the Federal High Court.
Alternatively, he asked the appellate court to reverse the findings and orders invalidating his assumption of office as national secretary and dismiss the claims upon which the judgement was based.
The former governor equally wants the appellate court to set aside the declaration that Gombe’s four-year tenure as a party official remains subsisting and that he is entitled to oversee the affairs of the ADC.
Where the Court of Appeal upholds the trial court’s jurisdiction but considers a retrial necessary, Aregbesola asked that the case be returned to the Federal High Court for fresh hearing before another judge.
In advancing his appeal, Sheriff identified five grounds, accusing the trial judge of errors in law, particularly in his interpretation of the Electoral Act 2022, the 1999 Constitution and the ADC constitution.
The senior advocate argued that Justice Lifu wrongly assumed that the court’s authority to examine INEC’s statutory oversight functions automatically extended to determining competing claims to the leadership of the ADC arising from the 99th NEC meeting.
He also faulted the judge’s reliance on the absence of a democratic election at the meeting to invalidate Aregbesola’s emergence as national secretary.
According to the appellant’s counsel, Section 82(3) of the Electoral Act 2022 regulates elections into the governing bodies of political parties, including elections conducted to fill vacancies.
He, however, maintained that the ADC constitution provides another mechanism for filling vacant positions pending a subsequent party convention or congress.
Specifically, Sheriff relied on Article 23(4) of the ADC constitution, which he said empowers the appropriate executive organ of the party to appoint an eligible replacement on an interim basis.
He argued that the trial court failed to determine whether Aregbesola’s emergence was an election requiring voting or an interim appointment permitted under the party’s constitution before invalidating the arrangement.
“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 lawyer argued.
In a related development, Aregbesola has approached the Federal High Court with an application seeking a stay of execution of the November 5 judgement pending the determination of his appeal.
The motion, dated and filed on November 7 by Sheriff, sought an order restraining the enforcement of the consequential directives contained in Orders 7 and 8 of the judgement.
The applicant argued that he was dissatisfied with material aspects of the ruling and had exercised his constitutional right to challenge the decision before the Court of Appeal.
His counsel maintained that the appeal raises substantial and arguable questions of law and fact, particularly concerning the jurisdiction of the trial court and the interpretation of the ADC constitution and relevant electoral provisions.
The legal battle followed a suit instituted by Gombe, who challenged the emergence of the Mark-led leadership of the ADC.
Gombe had argued that following the resignation of the party’s former national chairman, Nwosu, he was constitutionally entitled to assume leadership of the party.
He consequently asked the court to invalidate actions taken by the Mark-led leadership and restrain Mark, Aregbesola and other members of their interim National Working Committee from presenting themselves as the party’s legitimate leaders.
The plaintiff maintained that the emergence of the rival leadership violated the ADC constitution and relevant provisions of the Electoral Act.
However, Mark, Aregbesola and other members of their camp opposed the suit, urging the court to dismiss it on the grounds that Gombe was no longer a deputy national chairman when Nwosu resigned and could therefore not claim an automatic entitlement to the party’s leadership.
The latest appeal and application for a stay of execution have opened another legal battle over the control of the ADC, with the final determination now resting on the appellate court’s consideration of the competing interpretations of the party’s constitution and applicable electoral laws.
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