The delay in dispensing with the case over the leadership tussle in the African Democratic Congress (ADC) is unsettling the members of the party, with barely a few weeks left to the end of period slated for primaries. The party’s lawyer, yesterday, wrote to the Chief Justice of Nigeria, urging the Supreme Court to deliver judgement in the leadership tussle before it.

The ADC is seen as the major opposition political party that is ready to field a formidable candidate to contest against the candidate of the All Progressives Congress (APC).

At a recent meeting of opposition figures in the country, the ADC said it was ready to enter into alliance with other opposition parties to produce a sole candidate against that of the APC, where President Bola Tinubu is expected to contest.

Key members of the party alleged that there’s a plot to deliver judgment on the 5th of May.

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National coordinator of the Obidient Movement, a key component of the ADC, Yunusa Tanko, in statement said depending on the outcome, the plan is to refer the matter back to the High Court on the 5th of May.

“The opposition will then have only three working days (6th, 7th, and 8th) to take a decision, with the 9th and 10th falling on the weekend and marking the deadline for submission to INEC.

“This appears to be an orchestrated move by anti-democratic and centrifugal forces against one person, His Excellency Peter Obi,” he stated.

ADC writes CJN for quick dispensation of case

The David Mark-led ADC, yesterday, formally wrote to the Chief Justice of Nigeria (CJN) Justice Kudirat Kekere-Ekun, urging the Supreme Court to deliver judgment in the pending leadership tussle case.

The party explained that its appeal to the CJN and the apex court became imperative because it doesn’t want to suffer “irreparable harm” that would deter it from fielding candidates for the 2027 general elections.

In the letter, dated April 28, which was received by the office of the CJN, the ADC, through its lawyers, said its chances of fielding candidates should not be jeopardised with the judgment delay because there is a period allowed by the Electoral Act to field candidates.

Daily Trust reports that the Supreme Court had on April 22 reserved judgment in the ADC leadership tussle till a date that would be communicated to parties involved.

A five-member panel of the apex court led by Justice Garba Mohammed reserved its verdict shortly after lawyers representing parties adopted their briefs of argument for and against the appeal.

Expectations were high that barring any hitches the jugdement would be delivered this week. But as at yesterday, the fears heightened when no communication had been received from the apex court.

Sensing danger in further delay, the party raised a concern that it would not be able to participate in the forthcoming general elections if the judgment is not delivered on time.

In a Save-Our-Soul letter to the CJN by its lead counsel and Senior Advocate of Nigeria, Shuaibu Enejoh Aruwa, the party specifically said it would have no role to play in the 2027 general elections unless the judgment is delivered within three days starting from today (Tuesday).

The petition reads in part: “We are counsel to the African Democratic Congress, ADC, the 2:4 Respondent in the above mentioned Appeal.

“My Lord, this appeal was graciously heard expeditiously on the 22 April, 2026 and judgment was thereafter reserved to a date to be communicated by the court.

“However, My Lord, we are most respectfully constrained to request for my Lord’s kind intervention and directive in ensuring that the judgment is rendered timeously having regard that INEC, the 4th Respondent in the said Appeal purportedly, acting pursuant to the judgment of the lower court in Appeal No: CA/ABJ/145/2026 acted to remove or de-recognize the leadership of the African Democratic Congress, ADC leaving the ADC without leadership at the moment even though the ADC remains a recognized registered political party in Nigeria.

“My Lord, we also respectfully draw Your Lordship’s attention to the INEC Timetable for the 2027 General Elections and the activities in readiness which have already commenced.

“My Lord, the ADC’s ability to comply with these statutory requirements to participate in the 2027 General Elections is wholly dependent on the timely delivery of the judgment in the instant Appeal.

“Without the delivery of judgment within the next three days from the date of this letter, the ADC stands the grave and irreversible risk of being excluded from participating in the 2027 General Elections.

“This would disenfranchise millions of Nigerians who have subscribed to the ideals of the ADC and deny them their constitutional right to freely associate and contest elections through a political party of their choice.

“We are equally aware that justice delayed, in this peculiar circumstance, would amount to justice denied. The entire political future of our client and the legitimate expectations of its members nationwide now hangs in the balance”.

When Daily Trust reached out to the Supreme Court for any update on the matter, the Director of Information at the apex court, Dr Festus Akande, said he is not aware of any date for the judgement.

Supreme Court

Atiku, Prof Kari, CSOs express concern over disenfranchisement

A former Vice President, Atiku Abubakar and presidential hopeful on the platform of the African Democratic Congress (ADC), said democracy is now facing an existential threat in the country.

Reacting to the letter written to the CJN, Atiku lamented that the integrity of the 2027 general elections is in serious jeopardy.

The ADC presidential front runner in a post on X said, “It is increasingly evident that Nigeria’s democracy, and indeed the integrity of the 2027 general elections is in serious jeopardy. Democracy itself is now facing an existential threat.”

Atiku, however, said, “I do not want to believe that the judiciary, long regarded as the last hope of the common man, would align with the ruling APC in any effort that could undermine or destroy our democratic foundations.”

Lawyers express divergent views on ruling

Reacting, Abeni Mohammed (SAN) said it is in order if a party to a suit before the court applies or requests for accelerated hearing of its case before any court of law for good reasons as in this instance.

He, however, noted that he does not know the options available to the ADC, to nominate its presidential candidate since he is not a member of the party.

Similarly, Ikoro N. Ikoro Esq noted that he does not know if there is any other way for the ADC to validly nominate its presidential candidate if the Supreme Court fails to expeditiously decide the matter one way or the other.

On the letter the party wrote to the CJN, Ikoro said lawyers are allowed to apply for expedited hearing if the res is in jeopardy.

“I have personally written to the Supreme Court when the cause of action was leading to bloodshed between communities awaiting a decision.

“However, I think the procedure at the Supreme Court has changed. The application ought to be by motion on notice and not by letters,” he said.

Barrister E.M.D. Umukoro said the opposition parties such as the PDP and ADC need to look at their constitution and identify the organs that can lead at such critical times to beat any delay in conclusion of the court case.

“For some parties, it is the caretaker committee or the board, and they have the powers to send whatever the party has to send like membership list and candidates to INEC, that way it is valid, and they don’t run out of time and they are not caught in the web,” he said.

He added: “On the other hand, we have to appeal to the Supreme Court, we know their dockets are full and they have a lot on their hands. At the same time, it is important that based on the rules, election matters are dealt with expeditiously before they return to the regular appeals.”

A professor of political science, Prof. Abubakar Kari, when contacted said the concern of the party stems from the possibility that even a favourable ruling could become useless if delivered after INEC deadlines.

“It will be quite tragic if they secure a favourable judgment after the timetable has elapsed. That would render the whole exercise futile, overtaken by events,” he said.

Kari said the move reflects growing awareness among political actors about the implications of delayed judicial decisions in election-related disputes.

He said the development should also serve as a wake-up call to the Supreme Court.

“Some of us are surprised that the court has not ruled on this matter. I do not think it is so complicated that a decision cannot be made one way or the other,” he said.

He added that there have been instances where the apex court delivered decisions promptly, sometimes on the same day in election cases.

“This is a matter of serious interest not just to Nigerians but to observers globally. It is not in the interest of the court’s integrity for such a case to be treated with this level of delay,” Kari said.

CSOs demand urgent action

A civil society group, the Strategic Alliance for National Development (STAND) on its part called on the Attorney General of the Federation and the Independent National Electoral Commission (INEC) to immediately resolve the lingering legal and leadership disputes within the ADC, and every other opposition party’s.

STAND says failure to act decisively threatens to disenfranchise millions of patriotic Nigerians and undermines the integrity of our democratic process.

“As it stands, the administrative and judicial bottlenecks surrounding the ADC’s internal affairs have created a state of dangerous uncertainty.

“STAND is deeply concerned by growing evidence that suggests a coordinated effort—a “triple-threat” conspiracy involving elements of the ruling All Progressives Congress (APC), the Judiciary, and INEC—to keep the ADC and every other opposition party in a state of perpetual litigation and structural disarray.

“We are witnessing what appears to be a calculated attempt to use legal technicalities to sideline a viable alternative for the Nigerian people,” said Yinka Sotade and Boluwaji Fajuyigbe Ezekiel, acting National Secretary and acting Publicity Secretary respectively for STAND.

“When the electoral umpire and the chief law officer of the federation remain silent while a major political party is hamstrung by conflicting court orders, it creates a vacuum that only serves the interests of the status quo.”

The group warned that gross injustice in the face of a seemingly tailored justiciable system is a recipe for anarchy.

“Nigerians will not sit idly by while their democratic options are narrowed through backroom deals and judicial maneuvers. The shadow of the ruling party’s influence over this process is too prominent to ignore, and the silence of the regulatory bodies is becoming a growing and evident complicity.

“We demand that the Attorney General and the INEC Chairman convene an immediate stakeholders’ session to clarify the legal standing of the ADC and ensure that no Nigerian voter is robbed of their voice due to engineered internal crises.These should extend to all political parties as soon as possible.

“The stability of our nation depends on a fair, inclusive, and transparent electoral landscape. We will continue to monitor this situation closely and will not hesitate to mobilize civil society to protect the sanctity of the ballot”.

The Executive Director of YIAGA Africa, Comrade Samson Itodo, said it’s unfortunate that Nigeria has found itself in this particular position.

He said all of these are putting a lot of pressure on the political system because no one would have conceived that in between the time frame for the conduct of primaries, you still have pending determination with the judiciary.

“The second point is that this whole scenario just reinforces,reaffirms and legitimises the people who are of the view that there is a calculated attempt to shrink the political space and make it difficult for the opposition to present candidates in the general elections. Unfortunately, you can’t have credible elections or legitimate elections without competition,” he said.

He said the seeming effort to cripple and decimate opposition has impact on political legitimacy and so it is important that the Supreme Court resolves the issue.

“This whole suspense is putting a lot of anxiety, raising apprehension and anxiety and we have to be careful how we resolve this dispute because they may not bode well for our democracy.

“If the timelines are so tight one would have expected that this matter would have been resolved a long time ago but it’s just sad we’re at this point.

“So I think that the Supreme Court as the apex court should set a precedent that a matter of this nature should have been determined since last week. I would give them the benefit of doubt that they will dispense of this within the next 24 or 48 hours and just deliver their ruling so that way, parties know their fate.

“I expect that the Supreme Court will rise to the occasion, it is inconceivable I don’t want to think that they would delay on this because there is no reason whatsoever to delay on this matter, the issues are clear for determination. The parties have made their claims and their position’; they just need to rule on it.

Dr Adakole Elijah, an ADC chieftain in Benue State, said the party would quickly resort to another plan to achieve participation in the coming election in the event it runs out of time following prolonged court processes.

He blamed the President Bola Ahmed Tinubu for the crisis tearing ADC apart, accusing him of the problems bedevilling opposition parties.

“The president and his ruling party (APC) is obviously not interested in other parties participating in the electoral processes so they have decided to create some problems believing that the judiciary is in their pocket and it does appears so.

“That’s why issues that they have dispensed with dispatch in the past, they are now beginning to play a kind of game. For us, whether they believe it or not, democracy must prevail in Nigeria. Because anything that will truncate democracy in this country will not be allowed. Nigerians will not allow it”, he said.

Previous arguments heard before judgment was reserved

At the April 22 hearing of the case, Jibrin Okutepa, a Senior Advocate of Nigeria, who represented David Mark had urged the Supreme Court to allow the appeal as he submitted that the apex court had in a judgment on March 21, 2025, put an end to the issue before the court when it held that “no court has jurisdiction to entertain cases bordering on internal affairs of political parties”.

Okutepa urged the apex court to hold that the Abuja Federal High Court lacked the jurisdiction to entertain a suit bordering on the ADC’s internal matters.

However, Robert Emukpero, also a Senior Advocate of Nigeria, who represented the 1st respondent, Nafiu Gombe, the factional leader of the party, had urged the apex court to reject the appeal and affirm the judgment of the lower court which held that the case of the appellant was premature and dismissed it.

It would be recalled that a three-member panel of the Court of Appeal had dismissed Mark’s appeal, challenging the jurisdiction of the Federal High Court presided by Justice Emeka Nwite, to entertain the suit filed by Bala against the leadership of the ADC.

The Court of Appeal had in its decision held that the appeal was not only premature but was brought without leave of the trial court.

The Appeal Court had subsequently ordered that the matter be returned to the Federal High Court for expeditious hearing, adding that parties should maintain status quo.

Following the order for status quo, the electoral umpire subsequently de-recognized the ADC leadership headed by Mark, pending the resolution of the matter by the court.

Dissatisfied, Mark approached the Supreme Court to challenge the decision of the Court of Appeal as well as a ruling staying the order for maintenance of status quo.

After taking arguments from the parties, Justice Garba of the Supreme Court on April 22 announced that judgment was reserved to a date that would be communicated to parties.