Nigerian court nullifies Atiku Abubakar's ADC presidential nomination ahead of Jan 16 election

On Thursday, a Federal High Court located in Abuja declared that the selection of former Vice President Atiku Abubakar as the presidential nominee for the African Democratic Congress (ADC) was not legally valid. The judgment, delivered just two months before Nigeria’s scheduled general election on 16 January 2027, also overturned the party’s leadership structure, removing Senator David Mark from the ADC’s top post.

This judicial outcome was triggered by a legal challenge filed by Nafiu Bala Gombe, a previous national deputy chairman of the ADC, who contended that the party’s governing body had not been chosen via a legitimate national convention. The presiding judge invalidated every procedure that resulted in the current leadership structure, thereby voiding Abubakar’s candidacy, a status that had previously been verified by the Independent National Electoral Commission (INEC).

The ADC immediately condemned the ruling, describing it as a politically motivated effort to weaken the opposition. Spokesperson Bolaji Abdullahi said the judgment came a day after a large rally in Sokoto where Abubakar launched his campaign, suggesting the timing was intentional. The party announced it will appeal the decision to the Court of Appeal.

Background

The ADC is one of Nigeria’s main opposition parties, seeking to unseat President Bola Tinubu of the ruling All Progressives Congress (APC). The party has been embroiled in internal disputes for months, with rival factions contesting the legitimacy of its leadership. Earlier in the year, the federal government supported a separate lawsuit challenging the ADC’s eligibility to contest the 2027 election.

Atiku Abubakar, who served as vice president from 1999 to 2007, was the runner‑up in the 2023 presidential election and secured the ADC ticket in May 2026, marking what would have been his seventh presidential bid. His main rivals for the opposition vote include Peter Obi, who placed third in 2023. President Tinubu launched his re‑election campaign in Kaduna shortly before the court’s decision, emphasizing economic reforms amid a cost‑of‑living crisis.

The legal battle over the ADC’s leadership stems from a dispute between Senator David Mark and Nafiu Bala Gombe over who should head the party. A previous judgment in Suit No. FHC/ABJ/CS/1637/2025 dismissed a challenge to Mark’s leadership on grounds of jurisdiction and failure to exhaust internal remedies. The new case, however, revived the issue, leading to the present ruling.

Why it matters

The nullification creates significant uncertainty for voters and the electoral timetable. With the election only two months away, the ADC faces the prospect of fielding a new candidate or risking exclusion from the ballot, which could alter the dynamics of the opposition challenge to President Tinubu.

The ruling also highlights the broader pattern of pre‑election litigation in Nigeria. Observers noted that the 2023 election saw over 1,200 court cases, many perceived as politicised, exposing deep intraparty conflicts. The ADC’s claim that the judgment is an attempt by the ruling party to suppress opposition reflects ongoing tensions between the APC and its challengers.

If the appeal fails, the ADC’s supporters, particularly in the northern states of Sokoto and Kebbi where Abubakar’s rally drew thousands, may be left without a clear platform. Conversely, a successful appeal could restore Abubakar’s candidacy and maintain the party’s presence in the race, preserving a key avenue for dissent against Tinubu’s administration.

What happens next

The ADC has said it will file an appeal with the Court of Appeal, seeking to overturn the Federal High Court’s decision. No date for the appeal hearing has been announced. INEC has not commented on the ruling, and it remains to be seen whether the commission will accept a new candidate if the appeal is unsuccessful.

President Tinubu’s campaign has not directly responded to the judgment, though his spokesperson, Daniel Bwala, previously denied any involvement by the APC in the lawsuit that led to the decision. The legal dispute is expected to continue as both parties prepare for the January election, with the outcome likely to influence the composition of the final ballot and the overall competitiveness of the race.

The situation underscores the fragile state of Nigeria’s electoral process, where court rulings can dramatically reshape the political landscape in the weeks leading up to a national vote.