By Jeremy Fregene
The Supreme Court is set to hear an appeal filed by former Senate President, David Mark, challenging the March 12 judgment of the Court of Appeal in the protracted leadership crisis rocking the African Democratic Congress (ADC).
The apex court, in a hearing notice for appeal number SC/CV/180/2026—between Mark and Nafiu Bala Gombe and four others—fixed the matter for hearing on April 14. The notice, issued through the court’s Litigation Department, was dispatched to all parties and sighted in Abuja.
Coincidentally, the hearing date aligns with proceedings earlier scheduled before Justice Emeka Nwite of the Federal High Court, Abuja. However, the lower court is expected to either step down or adjourn its case in deference to the Supreme Court’s authority.
Mark, listed as appellant, joined Gombe, the ADC, Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Ralph Nwosu as respondents.
Through his counsel, Realwan Okpanachi, Mark is seeking an order staying the execution of the appellate court’s judgment pending the determination of his appeal. He also prayed the court to restrain INEC from recognising any individual other than himself and the current ADC national officers, as well as from altering the party’s leadership structure pending the outcome of the appeal.
Additionally, Mark is asking the apex court to halt further proceedings in suit number FHC/ABJ/CS/1819/2025 before Justice Nwite, pending the resolution of his appeal.
The application, anchored on constitutional provisions and the Supreme Court’s rules, argues that the appeal raises substantial legal questions. Okpanachi noted that although the Court of Appeal directed parties to maintain “status quo ante bellum,” Gombe has allegedly relied on that order to urge INEC to withdraw recognition of Mark and other party officials—actions he described as an attempt to enforce the appellate judgement.
Mark’s legal team warned that unless the Supreme Court grants the stay, the appeal could be rendered nugatory.
Following the appellate court ruling, INEC had on April 1 removed the names of Mark and Aregbesola from its official portal as ADC National Chairman and National Secretary, respectively.
In response, Mark, through another counsel, Sulaiman Usman (SAN), filed a fresh motion before the Federal High Court on April 7, seeking an order compelling INEC to restore their names and requesting accelerated hearing of the case. The matter was subsequently fixed for April 14.
The dispute stems from a suit instituted by Gombe, a former ADC Deputy National Chairman, who is challenging the legitimacy of Mark and Aregbesola’s emergence as party leaders. He contends that their appointments violate both the ADC constitution and the Electoral Act, and is seeking a court order restraining them from parading themselves as national officers.
Earlier, on September 4, 2025, Justice Nwite declined Gombe’s ex parte application to halt the Mark-led leadership, instead directing all parties to be put on notice. The matter was adjourned for further proceedings.
Subsequently, the Mark-led ADC approached the Court of Appeal to challenge the Federal High Court’s jurisdiction. The appellate court, while directing parties to return to the trial court, ordered that the status quo ante bellum be maintained pending the determination of the case.