Supreme Court restores David Mark-led ADC leadership

The Supreme Court has restored the leadership of the African Democratic Congress (ADC) led by former Senate President David Mark after vacating an earlier order directing the party to maintain the status quo pending the resolution of its internal leadership dispute.

The apex court, in a ruling delivered on Thursday, set aside the previous directive which had effectively halted changes in the party’s leadership structure pending the determination of the suit filed over the crisis within the opposition party.

The apex court however maintained that the appellate court was right in ordering parties to return back to the federal High court where party leadership tussle exists.

On the issue of jurisdiction, the court faulted the appellant noting that the apex court has the jurisdiction to entertain appeals from the lower court, citing section 233 of the 1999 constitution.

It ordered parties in the African Democratic Congress, ADC, leadership tussle to return to the Federal High Court for the resolution of the matter.

In its unanimous judgment set aside the order of the Court of Appeal, which ordered parties in the suit to maintain status quo ante bellum.

Justice Mohammed Garba, who delivered the lead judgment held that the lower court was wrong to have raised the issue “somoto” (on its own, not requested by any party in the matter), and subsequently issued the status quo ante bellum order.

According to the judgment, it was wrong for the lower court to issue any preservative order in a case pending before the trial court.

“The directive made (status quo ante bellum) after striking out the appeal and issuing an accelerated hearing was unnecessary, unwarranted and improper”, Garba held.

The ex-Senate President had asked the court to grant an order staying the execution of the court of appeal’s ruling delivered on March 12 that dismissed his appeal in relation to the ongoing leadership dispute in the party.

A three-member panel of the Court of Appeal, led by Justice Uchechukwu Onyemenam had upheld the objection raised by Bala insisting that the appeal was incompetent and that it was based on issues not reflected in the ruling of the trial court.

Mr Mark had appealed a Sept. 4, 2025 ruling by Justice Emeka Nwite of the Federal High Court in Abuja that refused to grant some injunctive reliefs contained in an ex-parte application filed by Bala.

The dispute, which began as an internal transition disagreement in mid-2025, has now drawn in the courts and INEC, raising concerns over the ADC’s capacity to function as a viable opposition platform ahead of the 2027 general elections.

INEC’s decision on April 1, to withdraw recognition from both the Mark- and Bala-led factions, citing a subsisting Court of Appeal order to maintain the status quo ante bellum, has left the party without an officially recognised leadership structure.

The electoral body said it would not engage with any faction pending a final judicial determination, a position that could have far-reaching implications for the party’s participation in the 2027 polls.

The Mark-led faction insists it emerged through due process, citing a series of National Executive Committee, NEC, decisions in 2025, including the July 29 ratification of a caretaker leadership.

Relying on provisions of Article 13 of the ADC constitution, the group argues that the NEC is empowered to administer the party, implement convention decisions and establish interim structures where necessary.

It also cites Articles 17(3) and 17(4) to justify the transition process, maintaining that vacancies were properly filled through the appropriate executive mechanisms.

On eligibility, the faction contends that requirements such as the two-year membership rule under Article 9(4) were lawfully waived through NEC resolutions earlier in 2025 to accommodate coalition-building efforts.

It further argues that its initial recognition by INEC in September 2025, alongside its conduct of congresses and the April 14, National Convention, affirms its legitimacy.

The decision is seen as a major legal victory for the David Mark-led faction of the ADC, which has been battling for control of the party amid growing political realignments ahead of the 2027 general elections.

The earlier order to maintain “status quo ante bellum” had created uncertainty within the party by temporarily freezing actions relating to leadership recognition and party administration until the substantive matter was determined.