Supreme Court Hears David Mark Appeal Amid ADC Crisis
By: Abudu Olalekan
The storm isn’t over yet.
Tomorrow, the Supreme Court steps into the ring. Literally. The apex court has officially set a date to hear an appeal filed by Sen. David Mark. He’s the current National Chairman of the African Democratic Congress, though some people would argue he’s only technically holding onto that post right now. There’s a lot of tension surrounding the office.
It all started back on March 12. The Court of Appeal delivered a judgment that shook the party foundations. Mark isn’t okay with that. He wants a stay order. Basically, he wants the execution of that judgment paused until his case is fully heard at the top level.
This hearing notice came out recently, sent through the Litigation Department of the Supreme Court. Friday. Sighted by the News Agency of Nigeria, though Reportersroom confirms the schedule is locked in. Proceeding number SC/CV/180/2026 between Sen. Mark versus Hon. Nafiu-Bala Gombe and four others.
They’re calling it Tuesday, April 14. Coincidentally, it matches the date fixed by the trial judge down below, Justice Emeka Nwite of the Federal High Court in Abuja. Here is the tricky part though. Even though both cases are coming up next week, the lower court might step down. They may adjourn their matter waiting to see what the higher court decides. You know how the hierarchy works. Superiority of courts rules everything.
Mark has named some heavy hitters as respondents.
Hon Nafiu-Bala Gombe, who used to be Deputy Chairman.
Ogbeni Rauf Aregbesola.
Independent National Electoral Commission, INEC.
Chief Ralph Nwosu, who stepped aside for Mark back in the day.
In his motion on notice, brought by lawyer Realwan Okpanachi, he’s praying the court for a stay of execution. He also wants to stop INEC from playing favorites. Restrain them from recognizing anyone other than Mark and the existing national officers. Basically, keep the leadership structure exactly as it is right now. Pending the appeal outcome.
He even asked the court to stay further proceedings in suit number FHC/ABJ/CS/1819/2025 currently sitting with Justice Nwite.
Okpanachi argued twelve grounds based on Sections 6 and 233 of the Constitution, plus various Supreme Court rules.
He said Mark filed the appeal on March 16 after dissatisfied with the March 12 Court of Appeal judgment. Record compiled March 31. Entered properly before the honourable court.
One specific order from the Appeal Court required parties to maintain status quo ante bellum. Meaning, keep things as they were before the war. Problem is, the 1st respondent, Gombe, has been relying on that order to write letters to INEC. Urging the commission to refrain from dealing with Mark or other ADC officers. According to Okpanachi, this amount to attempted enforcement of the judgment before the Supreme Court settles it.
Unless the application is granted, the judgment gets enforced and the appeal becomes useless. Nugatory is the legal word they used. Balance of justice favours granting it he submitted. Interest of justice to preserve the res. Protect authority of this court.
Meanwhile, chaos in the political landscape didn’t wait for legal rulings. INEC, on April 1, had already taken action. They removed the names of Mark and Aregbesola from their official portal. Website updated. List of national chairman and secretary altered following the Appeal Court judgement.
Mark didn’t just sit idle. He acted fast. On April 7, he filed a motion before Justice Nwite using a new lawyer, Sulaiman Usman, SAN. He wanted the commission to restore their names to what they were before Gombe filed the suit. Also requested accelerated hearing. Judge set April 14 for hearing.
For the record, Gombe sued ADC, Mark, Aregbesola, INEC and Nwosu in suit FHC/ABJ/CS/1819/2025. Nwosu was former Chairman. The guy who made way for Mark.
Gombe argued their emergence breached provisions of the party constitution and Electoral Act. He wanted the judge to restrain Mark and Aregbesola from parading themselves as leaders anymore.
Justice Nwite had declined to grant an ex parte motion back in September 4, 2025. He refused three prayers sought by Gombe’s lawyer Michael Agber. Instead directed all defendants to show cause why the motion shouldn’t be granted. Adjourned until Sept 15.
The Mark-led ADC approached the court of appeal challenging jurisdictional power. Appellate court ordered parties back to trial court. Maintain status quo pending determination of the case.
So now we loop back to April 14. Everyone waits.
NAN reports INEC removed names. Reports indicate conflict deepens. Legal maneuvers fly thick and fast. One man’s victory is another man’s defeat. Mark is trying to save his chair. Gombe wants his seat back. INEC is stuck in the middle holding the pen.
Whether the Supreme Court grants the stay or not, the political atmosphere is going to remain heated. Until final determinations come down, the ADC remains suspended in legal limbo.
We’ll have updates as things unfold. Reportersroom will be watching the proceedings closely.
