ADC leadership tussle: Supreme Court sets aside Court of Appeal ruling

Orders parties to maintain status quo antebellum in the leadership dispute within the party

Mark-led leadership hails Apex Court verdict, vows not to be intimidated

‘Don’t celebrate yet,’ Atiku cautions Nigerians, urges supporters to stay engaged as the political contest deepens

The Supreme Court, on Thursday, dismissed the decision of the Court of Appeal, ordering parties to maintain status quo antebellum, in the leadership dispute within the ADC.

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.

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.

Meanwhile, the African Democratic Congress (ADC) has welcomed the Supreme Court ruling affirming its leadership under Senator David Mark as National Chairman and Rauf Aregbesola as National Secretary.

In a statement issued on Thursday, the party congratulated its members and leaders nationwide, describing the judgment as a validation of its structures and 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,” the statement read.

The party also commended the Supreme Court for what it described as a credible and unanimous judgment delivered by a five-member panel.

“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,” it added.

Despite welcoming the ruling, the ADC cautioned that the judgment should not be seen as the end of its internal challenges.

“However, while we welcome this judgement, we do not mistake it for the end of the struggle,” the party said.

The ADC further alleged that events leading to the legal dispute revealed “a troubling pattern of interference, bad faith, and attempts to weaken opposition voices” in the country.

It maintained that it would not be deterred by such challenges, insisting on its commitment to providing an alternative political platform for Nigerians.

“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,” the statement added.

The party urged its members, supporters, and stakeholders to remain alert as it navigates the aftermath of the judgment.

However, former Vice President Atiku Abubakar has warned Nigerians against celebrating too early, despite the Supreme Court’s affirmation of Senator David Mark as leader of the African Democratic Congress (ADC), saying the real political battle still lies ahead.

In a statement, Atiku cast the ruling as both a validation of the party’s leadership and a call for sustained national resolve.

“Even as we welcome the Supreme Court’s firm affirmation of Senator David Mark and the leadership of our great party, the African Democratic Congress, no one should be lulled into complacency.

“This victory belongs to Nigerians, the millions who have refused to surrender their future. The road ahead remains long in our collective mission to reclaim and rebuild our country,” Atiku added.

He also used the moment to rally supporters, urging them to stay engaged as the political contest deepens.

“We thank them, and we urge them to remain steadfast, because the struggle is far from over. As we press on, let this enduring truth guide us: eternal vigilance is the price of liberty,” Atiku said.

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