Supreme Court Sends ADC Leadership Tussle Back to Trial Court

The Supreme Court delivers a decisive blow to the procedural deadlock gripping the African Democratic Congress (ADC), sending the bitter leadership dispute involving David Mark and Nafiu Bala straight back to the Federal High Court. Crucially, the apex court nullifies a controversial Court of Appeal order that had forced parties to maintain 'status quo', effectively clearing the path for the substantive legal battle to resume. This ruling reshapes the political chess game within the ADC, forcing all factions back to square one in the trial court.

Apex Court Slams Appeal Court Overreach

A five-member Supreme Court panel, led by Justice Mohammed Garba, issued a unanimous judgment on Thursday, lambasting the Court of Appeal for overreaching its powers. The Appeal Court had unilaterally issued the ‘status quo’ order after dismissing David Mark’s appeal, a move Justice Garba deemed “unnecessary, unwarranted, and improper.” The apex court finds the Court of Appeal acted beyond its jurisdiction by imposing such a directive in an appeal it had already dismissed entirely.

This decision stems from a complex web of legal challenges initiated by Nafiu Bala, a former national vice-chairman of the African Democratic Congress. Bala contends he never resigned his position and, following the exit of party founder and former national chairman Ralph Nwosu, he ought to have assumed leadership in line with the party’s constitution. He subsequently declared himself the legitimate national chairman, setting the stage for a bruising legal battle against the David Mark faction.

The Genesis of the Leadership Crisis

In a suit marked FHC/ABJ/CS/1819/2025, filed on September 2, 2025, Nafiu Bala asked the Federal High Court to restrain the Independent National Electoral Commission (INEC) from recognising David Mark’s executives. Bala specifically named the African Democratic Congress, David Mark, National Secretary Rauf Aregbesola, INEC, and party founder Ralph Nwosu as defendants. He also sought an order compelling recognition of himself as acting national chairman and moved to halt all party meetings, congresses, or conventions pending the suit’s determination. Justice Emeka Nwite, presiding at the Federal High Court, initially directed all respondents, including INEC, to show cause why Bala’s ex parte motion should not be granted.

Dissatisfied with this interim ruling, David Mark of the African Democratic Congress filed an appeal, challenging the Federal High Court’s jurisdiction to continue hearing Bala’s suit. However, on March 12, 2026, a three-member panel of the Court of Appeal, led by Justice Uchechukwu Onyemenam, dismissed Mark’s appeal as “incompetent and unmeritorious.” The appellate court found no substantive ruling from the Federal High Court to appeal, as the trial judge merely ordered parties to be put on notice. It also faulted Mark for relying on an enrolled order instead of the actual proceedings and ruling, and for failing to obtain the required leave for an interlocutory appeal.

INEC's Stance and the Road Ahead

Despite dismissing Mark’s appeal, the Court of Appeal proceeded to issue a preservatory order, directing all parties to maintain the status quo ante bellum and refrain from actions that could undermine the trial court’s proceedings. It also ordered an accelerated hearing of the substantive suit and awarded N2 million in costs against David Mark. This ruling prompted INEC to declare on April 1 that it would no longer recognise either the Mark or Bala factions of the African Democratic Congress, refusing to engage with or monitor their activities.

David Mark subsequently took the battle to the Supreme Court. The apex court, in its judgment on the appeal marked SC/CV/180/2026, agreed with the lower court that Mark should have sought leave before filing an appeal on an interlocutory matter. However, the Supreme Court unequivocally nullified the Court of Appeal’s status quo order. All parties now return to the Federal High Court, where the primary battle for the soul of the African Democratic Congress will continue to be heard and determined. The political temperature within the ADC remains high as the legal skirmish resumes its initial course.