The Supreme Court on Thursday set aside a Court of Appeal order that had required the African Democratic Congress (ADC) to maintain the status quo pending resolution of its internal leadership dispute. The apex court restored the leadership of the party as recognised by former Senate President David Mark and directed the parties to return the matter to the Federal High Court for further determination.
In a unanimous judgment, Justice Mohammed Garba, writing for the bench, held that the Court of Appeal erred in directing the parties to preserve the pre‑existing leadership structure. The Supreme Court noted that the appellate court correctly ordered the case back to the Federal High Court, but found the status‑quo order “unnecessary, unwarranted and improper.” Citing section 233 of the 1999 Constitution, the Court affirmed its jurisdiction to entertain appeals from lower courts and rebuked the appellate court for raising the issue “somoto” – on its own initiative rather than at the request of any party.
The dispute began in mid‑2025 when two factions, led by David Mark and by party operative Bala, contested the outcome of the ADC’s National Executive Committee (NEC) decisions and the July 29, 2025 ratification of a caretaker leadership. Mark’s faction argued that the NEC was empowered by Articles 13, 17(3) and 17(4) of the ADC constitution to manage transitions and fill vacancies, and that the party’s two‑year membership requirement under Article 9(4) had been lawfully waived by NEC resolutions. The faction also pointed to its earlier recognition by INEC in September 2025 and the conduct of a national convention on April 14, 2026, as evidence of legitimacy.
Bala’s side appealed a September 4, 2025 Federal High Court ruling by Justice Emeka Nwite, which denied injunctive relief sought in an ex‑parte application. The Court of Appeal, chaired by Justice Uchechukwu Onyemenam, dismissed Mark’s appeal on the basis that it was incompetent and raised issues not reflected in the trial‑court judgment. Following that decision, INEC on April 1, 2026 withdrew recognition from both factions, citing the standing “status‑quo ante bellum” order and announced it would not engage with either group until a final judicial determination was made.
The Supreme Court’s reversal removes the immediate freeze on the party’s internal affairs and restores the Mark‑led leadership, though it sends the core dispute back to the Federal High Court for a substantive hearing. The ruling is likely to influence the ADC’s ability to organise ahead of the 2027 general elections, as the party seeks to re‑establish a recognised leadership structure and resume full participation in the electoral process.
The case underscores the judiciary’s role in adjudicating internal party conflicts and highlights the procedural complexities that can arise when political parties contest leadership legitimacy under both party constitutions and national electoral law.
