By Our Correspondents
The Supreme Court delivered a mixed verdict on Thursday in the protracted leadership crisis rocking the African Democratic Congress (ADC), restoring recognition to the faction led by former Senate President David Mark while simultaneously delivering a judicial rebuke for rushing the apex court — sending the substantive dispute back to the Federal High Court for trial.
In a unanimous judgment by a five-member panel headed by Justice Mohammed Lawal Garba, the apex court voided the controversial “status quo ante bellum” order issued by the Court of Appeal, which had effectively frozen the party’s leadership structure and led to the deregistration of the Mark-led executive by the Independent National Electoral Commission (INEC).
However, in what many have interpreted as a judicial wrist slap, the Supreme Court declined to make a conclusive pronouncement on who truly leads the ADC. Instead, it ordered all parties to return to the Federal High Court in Abuja for the substantive suit — filed by Nafiu Bala Gombe challenging the legitimacy of Mark’s leadership — to be heard on its merits.
“The apex court held that the preservative order by the Court of Appeal which INEC acted upon to de-recognize David Mark’s Executive Committee was in bad faith, unnecessary, unwarranted and improper,” the court ruled, according to the judgment obtained by newsmen.
Justice Garba held that the Court of Appeal had no business issuing such an order after it had already dismissed Mark’s appeal as incompetent. “Such an order can only be made after a matter has been fully determined or by a trial court to prevent the subject matter of a case from being destroyed,” the court held.
‘Overeager’ Appeal Backfires
Legal sources noted that Mark’s legal team had approached the Supreme Court seeking to overturn the Court of Appeal’s decision entirely. Instead, the apex court allowed the appeal only in part, dismissing the aspect that challenged an ex parte order made by the Federal High Court regarding service of court processes.
By sending the case back to the trial court — where it should have been heard from the beginning — the Supreme Court effectively penalized the Mark-led faction for attempting to bypass proper judicial channels.
“The appeal that was filed before the Supreme Court by Senator Mark succeeded in part, even as the court dismissed the aspect that challenged an ex parte order,” the judgment read.
The leadership crisis dates back to September 2025, when Nafiu Bala Gombe approached the Federal High Court in Abuja, challenging the legality of David Mark’s position as National Chairman and Rauf Aregbesola as National Secretary of the ADC.
Gombe sought an interim injunction to stop Mark and others from parading themselves as ADC national leaders. However, Justice Emeka Nwite declined to grant the request and instead ordered Gombe to put Mark on notice to show cause.
Rather than appear before the high court to show cause, Mark opted for the Court of Appeal, challenging the lower court’s jurisdiction. That move proved costly. The Court of Appeal dismissed Mark’s appeal for being incompetent and filed without the required leave — but then controversially issued a “status quo ante bellum” order preserving the matter.
Acting on that appellate order, INEC announced on April 1, 2026, that it would not recognise any faction of the ADC, effectively removing Mark and Aregbesola’s names from its official records.
INEC Restores Mark’s Name
Following Thursday’s Supreme Court ruling, INEC moved swiftly to restore the names of David Mark and Rauf Aregbesola on its official portal as recognised leaders of the ADC.
Also listed on the commission’s portal are Dr Mani Ibrahim Ahmed (National Treasurer), Akibu Dalhatu (National Financial Secretary), and Prof Oserheimhen Osunbor (National Legal Adviser).
However, INEC has made it clear that this recognition is provisional, pending the final determination of the substantive suit at the Federal High Court.
Reactions: Atiku, ADC, and Kachikwu Speak
Atiku Abubakar, former Vice President and chieftain of the ADC, welcomed the ruling but warned against complacency.
“Even as we welcome the Supreme Court’s firm affirmation of David Mark and the leadership of our great party, the African Democratic Congress, let no one be lulled into complacency,” Atiku said in a statement. “The road ahead remains long in our cause to take back and rescue our country”.
Dedicating the victory to Nigerians, Atiku added: “This victory belongs to Nigerians, the courageous millions who refuse to surrender their future. We thank them, and we urge them to remain steadfast, because the struggle is far from over. As we press on, let this truth guide us: eternal vigilance is the price of liberty”.
The ADC’s National Publicity Secretary, Bolaji Abdullahi, hailed the verdict as a “clear affirmation” of the party’s legitimate leadership.
“Today’s decision is a clear affirmation that our party, its structures, and its leadership under our National Chairman, Senator Mark, and our National Secretary, Ogbeni Aregbesola, are legitimate,” Abdullahi said. “We commend the five-man panel of the Supreme Court, whose unanimous judgment has today done great credit to the judiciary in our country and our political system”.
However, he also struck a cautious note: “The events leading up to this moment have exposed a troubling pattern of interference, bad faith, and attempts to weaken opposition voices in Nigeria. Let it be clearly stated: the ADC will not be intimidated, distracted, or silenced”.
In a contrasting reaction, Dumebi Kachikwu, a former presidential candidate of the ADC, insisted that the Supreme Court did not recognise any faction.
“The Supreme Court has not stopped any group from calling itself by any name, but has made it clear that the issue of legitimate leadership must be decided by the trial court,” Kachikwu said in a statement. He described the decision as a demonstration of “King Solomon’s wisdom” for refusing to be drawn into what he called attempts to destabilise the party.
What Next?
With the Supreme Court’s ruling, the ADC leadership crisis remains far from over. Nafiu Bala Gombe and the Mark-led faction are now expected to return to the Federal High Court in Abuja, where Justice Emeka Nwite will hear the substantive suit on its merits.
Until that case is finally determined, the ADC — which has positioned itself as a major opposition platform ahead of the 2027 general elections — will continue to operate with a leadership structure that, while now recognised by INEC, remains legally contested.
As one legal analyst put it: “The Supreme Court gave Mark his recognition back, but then told him, ‘Now go and fight your battle at the proper forum — where you should have started from the beginning.’ That is the wrist slap.”
Discussion about this post