The Supreme Court court on Thursday, ordered the return of the case of leadership dispute rocking the African Democratic Congress (ADC) to the Federal High Court for determination on the merits.
The highest court in a unanimous decision of the five-member Justices of the apex court delivered by Justice Mohammed Garba, the court held that the status quo anti-bellum order earlier granted by the Court of Appeal upon which INEC refused to recognition to the party led by former Senate President David Mark was “unnecessary, improper and unwarranted.”
The court faulted the interim order issued in the course of the dispute, stressing that such a directive ought not to have been made in the circumstances of the case.
Justice Garba, while delivering the lead judgment, held that the proper course was for the substantive issues surrounding the ADC leadership crisis to be fully heard and determined by the Federal High Court.
Senator David Mark had, in his case against Nafiu Bala Gombe, a former deputy national chairman of ADC, challenged the jurisdiction of court to intervene in the internal affairs of the party.
In the appeal marked SC/CV/180/2026, Mark asked the apex court to grant an order staying the execution of the Court of Appeal’s judgement delivered on March 12, which dismissed his appeal in relation to the ongoing leadership dispute in the party.
Mark, the appellant in the appeal, had named Hon Nafiu-Bala Gombe, ADC, Ogbeni Rauf Aregbesola, Independent National Electoral Commission (INEC) and Chief Ralp Nwosu as 1st to 5th respondents respectively.
He also sought an order restraining INEC from acting on the Appeal Court’s judgment by recognising any person(s) other than him and the existing national officers of ADC, pending the hearing and determination of his appeal.
Mark further prayed the apex court for an order, restraining INEC from tampering with the national leadership structure of the party as presently constituted and represented by him, pending the hearing and determination of the appeal.
Besides, he sought an order staying further proceedings in suit number: FHC/ABJ/CS/1819/2025, pending before Justice Emeka Nwite, the trial judge, at the Federal High Court in Abuja, pending the hearing and determination of his appeal at the apex court.
It would be recalled that a three-member panel of Justices of the appellate court had dismissed David Mark’s appeal challenging the jurisdiction of Justice Emeka Nwite of the Federal High Court, Abuja, to entertain the suit by Gombe against the leadership of the ADC.
The appellate court in its decision held that the appeal was not only premature but was brought without leave of the trial court and ordered that the matter be returned to the trial court for expeditious hearing, adding that parties should maintain status quo ante bellum.
Following the order of status quo, INEC de-recognized the Mark-led leadership, pending the resolution of the authentic leadership of the ADC by the court.
Dissatisfied, Mark approached the apex court to challenge the ruling of the appellate court as well as an order staying the order for maintenance of status quo ante bellum.
PDP speaks
Reacting through its National Publicity licity Secretary, Ini Ememobong in Abuja, the Peoples Democratic Party (PDP) faction led by Tanimu Turaki, SAN said with the split judgment, which also upheld the Court of Appeal’s suspension of Ajibade, SAN, Anyanwu, and others, the party according to the party has been left as a party without a defined leadership.
Going forward, Ememobong said the existing organs of the party will take the necessary steps to salvage the party and confer leadership on it.
The statement issued, signed, dated and release to newsmen in Abuja reads further: :”Today, the Supreme Court of Nigeria, through a five-man panel presihded over by Justice Mohammed Garba, in a split decision (3–2), upheld the judgments of the Court of Appeal and the Federal High Court, wherein the convention held in Ibadan was nullified.
“The three Justices (Chioma Nwosu-Iheme, Stephen Adah, and Garba) hinged their judgments on the disrespect of a valid, subsisting judgment of the Federal High Court and therefore held that, being in contempt, the appellants cannot be accommodated in the apex court, thereby dismissing the appeal.
“However, the minority judgments by Justices Haruna Tsammani and Abubakar Umar held that the two appeals emanate from matters which are internal affairs of the PDP and are therefore non-justiciable.
“The case at the FHC was not challenging any act or decision of any federal government agency but the leadership contest of the party, and therefore not justiciable.
“Furthermore, they held that it is not the duty of the court to fish out matters to execute the case for the respondent, because the majority judgment undertook the duty of raising matters suo motu without calling on the parties to address them. This is against the position of the apex court, wherein parties must be given the opportunity to address the court on matters raised suo motu.
“With this split judgment, which also upheld the Court of Appeal’s suspension of Ajibade, SAN, Anyanwu, and others, this effectively leaves the PDP as a party without a defined leadership.
“To this end, we are certain that the existing organs of the party will take the necessary steps to salvage the party and confer leadership on it going forward.
“This leads the vehicle of our party towards a dangerous bend, which, if not carefully navigated, may not only affect the party but also multi-party democracy in our country.”
Also reacting over the latest pro ouncement, the spokesperson of the Senator David Mark – led African Democratic Congress (ADC), Mallam Bolaji Abdullahi welcomed the Supreme Court ruling affirming Senator David Mark as National Chairman and Ogbeni Rauf Aregbesola as National Secretary, describing the decision as a clear validation of the party leadership’s position and a definitive confirmation that the INEC’s decision to de-recognise the David Mark leadership was fundamentally faulty.
In the statement, the party said the judgement reinforces the primacy of the rule of law in Nigeria’s democratic space and justifies the party’s faith in the Supreme Court of Nigeria.
The party then commended the five-man panel of the Apex Court, whose unanimous judgment, it said has done great credit to the institution of judiciary in our country.
It also urged its members and democratic stakeholders to remain vigilant while renewing its call for the resignation of INEC Chairman, Prof. Joash Amupitan.
“The African Democratic Congress (ADC) congratulates all our members and leaders across the country on today’s Supreme Court ruling which affirmed the leadership of our party under Senator David Mark as National Chairman, and Ogbeni Rauf Aregbesola as National Secretary.
“Today’s decision is a clear and unequivocal affirmation that our party, its structures, and its leadership under our National Chairman, Senator Mark, and our National Secretary, Ogbeni Aregbesola, are legitimate. It lays to rest all contrived disputes and manufactured uncertainties, and reinforces the principle that the rule of law, not political manipulation, must guide the affairs of our democracy.
“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, while we welcome this judgement, we do not mistake it for the end of the struggle. 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. We remain resolute in our mission to provide Nigerians with a credible alternative, anchored on ending insecurity, reducing the cost of living, and creating jobs at scale.
“We therefore urge all our members, supporters, and democratic stakeholders across the country to remain vigilant. Democracy is not defended in a single courtroom victory, it is sustained through constant vigilance, active participation, and the courage to resist any attempt to undermine the will of the people. What has been attempted once can be attempted again, hence, we must not let our guard down.
“In light of this ruling, the ADC reaffirms its long-standing position that Prof. Joash Amupitan, the Chairman of the Independent National Electoral Commission (INEC), must resign. The circumstances surrounding this matter, now clarified by the Supreme Court, point to either a grave failure of judgment or a deliberate act of bad faith. Whichever it is, the outcome is the same: the integrity and neutrality required of the office have been compromised. Nigeria’s democracy cannot afford an electoral umpire whose actions raise legitimate questions about impartiality.
“INEC must now restore the recognition of the David Mark-led leadership on its website, and in all formal channels of communication.
“On its part, the ADC will continue to stand firm, speak clearly, and act decisively in defense of democracy, justice, and the Nigerian people.: the statement added.
