The Supreme Court of Nigeria has reserved judgment in an appeal filed by the National Chairman of the African Democratic Congress, David Mark, who is contesting the authority of the courts to interfere in the internal affairs of the party.
A five-member panel of the apex court, presided over by Garba Mohammed, announced that judgment would be delivered at a later date after legal representatives from all sides concluded their submissions and formally adopted their briefs.
During proceedings, Mark’s counsel, Jibrin Okutepa (SAN), urged the court to uphold the appeal, arguing that the matter had already been settled by an earlier ruling of the Supreme Court delivered on March 21, 2025. He cited the court’s position that “no court has jurisdiction to entertain cases bordering on internal affairs of political parties,” insisting that the lower court overstepped its bounds by hearing the case.
Okutepa maintained that the trial court lacked the legal authority to adjudicate on disputes relating to the internal structure and leadership of the ADC and therefore called on the apex court to nullify the proceedings.
On the opposing side, counsel to Nafiu Gombe, Robert Emukpero (SAN), asked the court to dismiss the appeal and uphold the earlier decision of the appellate court. He argued that Mark’s appeal was premature and properly rejected by the lower court.
Previously, a three-member panel of the Court of Appeal had thrown out Mark’s challenge against the jurisdiction of Justice Emeka Nwite of the Federal High Court in Abuja, who had been handling the suit brought by Gombe against the ADC leadership.
The appellate court ruled that the appeal lacked merit, describing it as premature and noting that it was filed without the required permission of the trial court. It subsequently directed that the matter be returned to the Federal High Court for accelerated hearing, while instructing all parties to maintain the status quo ante bellum.
Following that directive, the Independent National Electoral Commission moved to withdraw recognition of the Mark-led leadership of the ADC pending a final determination of the party’s legitimate leadership by the courts.
Dissatisfied with the appellate ruling and the directive to maintain the existing situation, Mark approached the Supreme Court to challenge both the judgment and the order sustaining the status quo.
Instead of immediately ruling on preliminary applications filed in the matter, the apex court directed all parties to submit comprehensive legal arguments in writing.
After hearing the final submissions, Justice Mohammed announced that judgment has been reserved, with a date for delivery to be communicated to all parties involved.
What you should know
The Supreme Court’s decision to reserve judgment in David Mark’s appeal is a critical development in the ADC leadership crisis.
At the heart of the case is whether courts can intervene in internal party matters, a long-standing legal debate in Nigeria. The outcome will determine not only the legitimacy of the ADC leadership but also shape future political disputes across parties.
INEC’s withdrawal of recognition adds urgency, as it affects the party’s operations.
This case highlights the intersection of law and politics, especially as parties prepare for the 2027 elections and internal conflicts intensify nationwide.
