Supreme Court reserves judgment in David Mark’s appeal over ADC leadership tussle

The Supreme Court of Nigeria has postponed its final decision in a legal battle involving David Mark and the leadership crisis rocking the African Democratic Congress (ADC).
A panel of five justices, presided over by Mohammed Garba, reserved judgment after hearing submissions from all parties on Tuesday, signalling that a ruling will be delivered at a later date.
Mark, who heads one of the rival factions within the ADC, is seeking to overturn a March 12 ruling of the Court of Appeal.
That decision had directed all parties in the dispute to revert to the previous leadership arrangement pending the resolution of the case filed by aggrieved members.
In his appeal (SC/CV/180/2026), the former Senate President argued that the appellate court stepped beyond its legal bounds by вмешing in internal party matters.
Represented by senior lawyer Jubril Okutepa, he insisted that disputes over party leadership are political questions that courts should not adjudicate. He therefore urged the apex court to nullify the earlier judgment.
Those listed as respondents include Nafiu Bala, the ADC, Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Ralph Nwosu.
Among his key requests, Mark asked the court to prevent INEC from recognising any leadership outside his faction until the appeal is decided.
He also sought to halt any alterations to the party’s leadership structure and to suspend proceedings in a related case at the Federal High Court in Abuja.
While INEC chose not to take a position in the appeal, the other respondents called on the court to dismiss Mark’s claims.
How the dispute began
The current legal tussle traces back to proceedings at the Federal High Court, where Bala challenged the legitimacy of the Mark-led leadership.
Bala, a former deputy national chairman of the ADC, filed a suit arguing that he never vacated his position as national vice-chairman.
He maintained that, following the exit of party founder Ralph Nwosu, he was constitutionally next in line to take over leadership.
Acting on this claim, Bala declared himself national chairman and approached the court to stop Mark’s faction from acting as the party’s national executives. He also sought an order compelling INEC to recognise him instead.
Additionally, Bala asked the court to suspend all party activities, including meetings and conventions, until the case is resolved.
When the matter first came up, Justice Emeka Nwite directed that all defendants be formally notified to respond to the application.
Mark later challenged the court’s authority to hear the case, but his appeal was dismissed by the Court of Appeal on March 12, 2026.
The appellate court described his case as lacking merit and instructed all parties to maintain the existing situation while the trial continues.
Following that ruling, INEC announced on April 1 that it would not recognise either faction within the ADC. The electoral body also said it would suspend engagement with both groups, including oversight of their internal activities.
In response, Mark’s camp returned to court, seeking an order to compel INEC to restore their recognition as members of the party’s National Working Committee.
Meanwhile, the Federal High Court has put further proceedings on hold. Justice Nwite adjourned the matter indefinitely, warning that continuing the case while an appeal is pending before the Supreme Court would amount to “judicial rascality.”
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