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SUPREME COURT CLEARS PATH FOR ADC

May 1, 2026 • Dons Eze • 13 min read

SUPREME COURT CLEARS PATH FOR ADC

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After weeks of anxiety owing to the leadership tussle within the African Democratic Congress (ADC), the Supreme Court yesterday, restored the David Mark-led executive of the party.

In a unanimous verdict on Thursday, the five-member panel of justices led by Justice Mohammed Lawal Garba, set aside the order for status quo ante bellum made by the Court of Appeal in Abuja over the leadership dispute within the party.

The status of the Mark-led leadership became a major issue when the Independent National Electoral Commission (INEC) purportedly acting on that order, removed the names of the Mark-led leadership from its portal resolving not to receive any communication from the leadership of the contending parties till the determination of the case.

Nafiu Bala Gombe, whose vice chairmanship of the party was being disputed, had sued the party’s national chairman, Mark, the national secretary, Rauf Aregbesola and other officers challenging the legality of their leadership.

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The apex court held that the order by the Court of Appeal for status quo ante bellum to be maintained is unnecessary having dismissed the appeal challenging the jurisdiction of the Federal High Court in Abuja for being incompetent.

The panel held that the ex parte injunctive order asking the Mark-led executive to appear and show cause why they would not be restrained from parading themselves as executives of the party was not a definite order of the court, adding that the appeal against it was too hasty.

The apex court further noted that by the rules of the Court of Appeal, the appeal was defective having been filed on an interlocutory injunction without first obtaining the leave of the court.

“After the final determination of an interlocutory appeal made suo moto (on their initiative) on the content of the preservative order in respect of a proceeding pending before the lower court, on which the appeal was based, that power belonged to that court,” he said.

“Ordering for status quo ante bellum in respect of the proceeding before the high court was unnecessary, unwarranted and improper,” he added.

Therefore, the panel directed the factions to return to the high court which was still seized of the matter, based on the record of proceedings, to continue the hearing.

Our correspondents report that there was jubilation by members of the party as the judgement was read by the apex court.

INEC restores Mark,others’ names on its portal

Our correspondent also reports that few hours after the ruling, INEC restored the names of David Mark and other members of the NWC on its portal.

Other members of the exco are, Rauf Aregbesola, National Secretay; Mani Ibrahim Ahmed, National Treasurer; Akibu Dalhatu, National financial secretary &Prof Oserheimenn, National Legal Adviser.

Reacting, E.M.D. Umukoro Esq commended the Supreme Court for the urgency and dispatch with which it brought the matter to a conclusion.

“The implication is that they can go back to work and do what they need to do to make sure they meet the deadline as set out by the INEC guideline.

“So, all parties can go back to the court, if the matter is still there, to sweat it out, but as for now, the Mark-led exco of the ADC can carry on with their activities.”

On his part, Adam Abdulkadir, Esq said the Supreme Court’s decision has collapsed the “status quo ante bellum” shield, returning the ADC to an open, legally contested leadership space.

“For the INEC, the posture will be strictly compliance-driven—recognition anchored on clear, uncontested legality and valid filings, not factional assertions,” he said.

For the warring blocs, the environment is now zero-sum: only speed, procedural precision, and timely judicial validation will determine who gains legitimacy.

ADC welcomes judgement, insists on Amupitan’s removal

The ADC, in a swift reaction, welcomed the Supreme Court ruling affirming Senator David Mark as National Chairman and Ogbeni Rauf Aregbesola as National Secretary of the party, 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 Mark leadership was fundamentally faulty.

In a statement issued by its National Publicity Secretary, Mallam Bolaji Abdullahi, 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 commended the five-man panel of the apex court, whose unanimous judgment, it says, has done great credit to the institution of judiciary.

It also urged its members and democratic stakeholders to remain vigilant, while renewing its call for the resignation of the Chairman of the Independent National Electoral Commission (INEC) Prof. Joash Amupitan.

“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.”

ADC said however, that while they welcome the 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.”

The party said democracy is not defended in a single courtroom victory but, “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.”

It said the ADC will continue to stand firm, speak clearly, and act decisively in defense of democracy, justice, and the Nigerian people.

Atiku: We cannot be lured into complacency

Former vice president, Atiku Abubakar, while reacting said even as they welcome the Supreme Court’s firm affirmation of David Mark and the leadership of the ADC, they shouldn’t be lulled into complacency.

He said, “The road ahead remains long in our cause to take back and rescue our country. This victory belongs to Nigerians, the courageous millions who refuse to surrender their future. We thank them, and we urge them to remain steadfast, because the struggle is far from over. As we press on, let this truth guide us: eternal vigilance is the price of liberty.”

A presidential aspirant under the platform of the African Democratic Congress (ADC), Mohammed Hayatu-Deen, also reacted to the judgement, saying due process is critical in sustaining democracy.

In a statement signed by his media office, Hayatu-Deen emphasised that the judgement of the Supreme Court is a reaffirmation of the cardinal role of due process in sustaining democratic institutions, noting that the integrity of internal party mechanisms must be protected from external manipulation.

He said, the judgement represents a significant affirmation of the rule of law and the primacy of due process in Nigeria’s democratic journey.

He said, “At moments such as this, it is important to reiterate a fundamental principle: sustainable democracies are anchored on strong institutions. These institutions remain credible only when rules are respected, processes are transparent, and outcomes are guided by law rather than expediency.

“This ruling underscores the necessity of preserving the sanctity of Nigeria’s democratic space. The internal processes of political parties must not be subject to artificial distortions, as they are central to the health and legitimacy of our democratic system.”

The presidential hopeful said beyond the immediate legal implications, the development is significant within the broader realities facing Nigeria.

“Nigerian households are contending with rising living costs, terrorists, bandits and kidnappers continue their deadly campaigns against defenseless citizens, industries are paralyzed by uncertainty and high operating costs, and millions of young people are seeking meaningful economic opportunities which are either non-existent or too often denied.

“The imperative before us as a party is clear: we must provide a vision of safety, opportunity and prosperity for the Nigerian people.

He congratulated Senator David Mark and Ogbeni Rauf Aregbesola on the affirmation of their leadership and called on leaders, members and stakeholders within the ADC to align around a shared vision that prioritises competence, inclusivity, and results-driven governance.

Commenting on the judgement, Senator Saddiq Yar’adua hailed the ruling, saying the court has restored their image and reestablished their integrity.

He commended the lead judge and others for their courage, saying they are men of integrity adding that the party leaders will speak to the public on the judgement as soon as possible.

Prof. Saleh Dauda, a professor of Political Science and International Relations at University of Abuja, described the Supreme Court ruling on the ADC leadership crisis as an indication that judiciary is the last hope of the common man.

He said the apex court pronouncement that the David Mark-led leadership be restored has positioned the ADC as the largest opposition party now in Nigeria and paved the way for vibrant political engagements ahead of 2027 general elections.

“To me, it’s a testament that civil democracy, by this decision, will be restored to a vibrant one. We expect that the ADC will give the APC a run for its money. We expect to see more lively political engagement in Nigeria as we approach the 2027 general elections.

“It’s good news for democracy, it’s good news for the opposition and it’s good news for all those who are in tune with multi-party politics in a very large country like Nigeria. So it is good news,” Prof Dauda stated.

2027 elections would have been lackluster without opposition – Lai Olurode

Former National Commissioner of the INEC, Prof. Lai Olurode said it would have been disastrous if the verdict had gone otherwise, adding that the forthcoming elections would have witnessed massive voter apathy given that the PDP has become “completely shattered.”

In a chat with Daily Trust, he stated that INEC has no other choice than to immediately restore the leadership.

He said, “That’s the highest court in the land. The next appeal can go to the almighty creator. So the Supreme Court has spoken and INEC has no option at all than to comply with the verdict of the highest court in the land.

“And I think the judgment is good for our democracy because anybody who is concerned about the future of democratization in Nigeria, would have a sense of trepidation that the country should not be moving in the direction of one-party state.

“Competitive elections, they are good. Without competitive elections, the election is going to be lackluster.g

“And the fear I noticed before was that the likelihood that people will stay away from the polling booths will be quite high. Because they will say that ‘what’s the point going to vote at all?

“I’m sure it might not be public. I’m sure the president himself will be very happy because it is going to give a good standing to Nigeria in the community of nations that we are holding very competitive elections.

“It is doubtful if we can have a return to the 2023 competitive elections. It’s very doubtful, but at least it’s going to be something closer to it. Because 2023 is not the same thing as 2027. It cannot be the same, but all the same. I think it’s good for our experience.

“It’s good for the generation to know that you have to compete for, or it would have been disastrous if the verdict had been different, because the party that will win is going to win by default. It’s by lack of preparation or by the lack of recognition by the courts, the highest court in the land…

“Because the PDP as it is now, the PDP is completely shattered, it’s completely paralyzed with the verdict. And I think it’s good for us. All along, Nigeria seems to be going towards the direction of a two-party state. And I think it’s good for us. It’s good for democracy, it’s good for the opposition, it’s good for the government, the party in power as well.

“I think the ADC had a narrow escape from the verdict, because I’m not sure if the party had given much thought to its decision. If it had studied the ACN and the CPC merger, it probably would have learned a lesson from that approach.”

Olurode urged the new INEC Chairman to be wary of the gimmick of politicians whom he said would want to turn him to a robot in order to have their way.

Court cases part of democracy, but opposition crisis deepens concerns – CDD

The Director of the Centre for Democracy and Development (CDD), Dauda Garuba, said judicial intervention remains a legitimate component of democracy.

Reacting to the judgements by the Supreme Court of Nigeria, he said, “Testing cases in court is also a natural process of strengthening democracy. Rule of law is a very strong component of any democracy,” he said.

The apex court had delivered rulings nullifying rival PDP conventions and restoring the David Mark-led leadership in the ADC, setting aside earlier decisions that had deepened internal disputes within both parties.

While defending the role of the courts, Garuba warned that the broader political context surrounding the disputes paints a troubling picture for Nigeria’s democracy.

“The Nigerian political environment is already polarised. People have come to the conclusion that whatever is happening now is orchestrated… in favour of the ruling party,” he said.

He said the perception that opposition parties are being weakened through prolonged internal crises could undermine public confidence in the democratic process.

“To the extent that the developments in the ADC, as well as the PDP, currently exist, I feel that Nigeria’s democracy is troubled,” he said.

Garuba stressed that a functional democracy depends on a strong and organised opposition capable of presenting viable alternatives to voters.

“Ordinarily, by now, we ought to have seen the political class engaging in issues that will drive the elections, but all that time is wasted. We are embroiled in whether opposition parties will even have candidates,” he added.

He noted that keeping political parties in a “perpetual state of crisis” gives an advantage to the ruling party, even though such instability could eventually affect all political actors.

“When you put political parties in a perpetual state of crisis, it gives an edge to the one that currently exists,” he said.

Garuba, however, cautioned that the situation does not guarantee internal stability within the ruling party, warning that disputes during party primaries could also escalate into wider conflicts.

Expressing concern about the country’s democratic trajectory, he said: “I am really afraid for our democracy. If we have anything left of it, these challenges are just way too much for the country.”

He urged Nigerians to view the developments beyond partisan interests and see them as a collective democratic challenge.

“Rather than see this as a problem of political parties, Nigerian citizens should see it as a problem of democracy generally and the development that is supposed to come with it,” he said.

Supreme Court ruling rekindles multi-party democracy in Nigeria, says political scientist

A professor of Political Science at Bayero University Kano, Professor Habu Muhammad Fage, said the Supreme Court judgement has set the stage for a competitive contest in Nigeria’s multi-party democracy.

According to him, the entry of prominent politicians such as Atiku, Obi, and Kwankwaso has elevated the ADC into a viable alternative for Nigerians dissatisfied with APC’s performance.

He recalled that the APC itself was once an opposition party that successfully appealed to Nigerians to defeat a ruling party in 2015.

“What is obvious is that the influence of the executive arm on the judicial arm is increasingly manifesting. You can go and check this: it almost always takes decisions in their favour. The ruling party is attempting to muscle and control other parties through divide and rule. How come a Deputy National Chairman of a party who had tendered resignation makes a U-turn and claims to be the authentic chairman of the party after the emergence of new leaders, if not for invisible hands,” he said.

Professor Fage stressed that had the judgement gone the other way, Nigeria’s march toward strengthening its multi-party democracy would have been the biggest casualty.

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Dons Eze

DONS EZE, PhD, Political Philosopher and Journalist of over four decades standing, worked in several newspaper houses across the country, and rose to the positions of Editor and General Manager. A UNESCO Fellow in Journalism, Dr. Dons Eze, a prolific writer and author of many books, attended several courses on Journalism and Communication in both Nigeria and overseas, including a Postgraduate Course on Journalism at Warsaw, Poland; Strategic Communication and Practical Communication Approach at RIPA International, London, the United Kingdom, among others.

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