ADC crisis: Supreme Court to decide David Mark’s fate Tues

ABUJA – The Supreme Court will on Tuesday determine the legal fate of Senator David Mark, embattled National Chairman of the African Democratic Congress (ADC), as it hears his appeal seeking to halt the enforcement of a Court of Appeal judgment delivered on March 12.

The apex court has fixed April 14 for hearing in Appeal No: SC/CV/180/2026, between Senator Mark and Hon. Nafiu-Bala Gombe and four others, according to a hearing notice issued through its Litigation Department and sighted in Abuja on Sunday.

The hearing date coincides with proceedings earlier scheduled before Justice Emeka Nwite of the Federal High Court (FHC), Abuja, although court observers expect the lower court may adjourn its matter pending the Supreme Court’s determination, in line with judicial hierarchy.

Senator Mark, who is the appellant, is seeking an order staying the execution of the Court of Appeal judgment of March 12, which arose from Appeal No: CA/ABJ/CV/145/2026.

He is also asking the Supreme Court to restrain the Independent National Electoral Commission (INEC) from acting on the appellate court’s decision by recognising any individuals other than himself and the current national officers of the ADC, pending the determination of his appeal.

In addition, the former Senate President is seeking an order preventing INEC from tampering with the existing national leadership structure of the ADC as presently constituted under his leadership.

Mark further wants the apex court to stay further proceedings in Suit No: FHC/ABJ/CS/1819/2025 pending before Justice Emeka Nwite of the Federal High Court, Abuja, until the appeal is determined.

The motion on notice was filed by his counsel, Realwan Okpanachi, pursuant to Sections 6(6)(a) and 233 of the 1999 Constitution (as amended), Order 4 Rule 1 of the Supreme Court Rules 7074, and under the inherent jurisdiction of the court.
In a 12-ground argument, Okpanachi told the court that the Court of Appeal delivered judgment on March 12, after which Mark, dissatisfied with the decision, filed a notice of appeal on March 16.

He added that the record of appeal was compiled and transmitted on March 31, and the appeal duly entered as SC/CV/180/2026.

He noted that one of the orders of the Court of Appeal directed parties to maintain the status quo ante bellum.
According to him, Hon. Nafiu-Bala Gombe has relied on that order to write to INEC, urging the commission not to deal with or recognise Mark and other national officers of the ADC, a move he described as an attempt to enforce the appellate court’s judgment.

Okpanachi argued that unless the Supreme Court grants the application for stay of execution, the judgment of the Court of Appeal may be enforced, thereby rendering the appeal nugatory.

He further contended that the appeal raises substantial and arguable questions of law, and that the balance of justice favours preserving the subject matter of the dispute pending determination by the apex court.

Meanwhile, INEC had on April 1 removed the names of Senator Mark and Ogbeni Rauf Aregbesola from its official portal as ADC national chairman and national secretary respectively, following the Court of Appeal judgment.

In reaction, Mark filed a motion on April 7 before Justice Emeka Nwite through his new counsel, Sulaiman Usman (SAN), seeking an order compelling INEC to restore their names to the status quo prior to the institution of the suit by Gombe.

He also urged the court for accelerated hearing, with the matter fixed for April 14.

The substantive suit, marked FHC/ABJ/CS/1819/2025, was instituted by Hon. Nafiu-Bala Gombe, who joined the ADC, Senator Mark, Ogbeni Rauf Aregbesola, INEC and Chief Ralph Nwosu as 1st to 5th defendants respectively.

Gombe, a former National Deputy Chairman of the ADC, is challenging the emergence of Mark and Aregbesola as party leaders, alleging that their appointment violated the party’s constitution and the Electoral Act.

Chief Ralph Nwosu, the former ADC National Chairman, had stepped down to pave the way for the current leadership arrangement under dispute.

On September 4, 2025, Justice Emeka Nwite of the Federal High Court declined to grant an ex-parte motion filed by Gombe seeking to stop the Mark-led leadership of the ADC, instead ordering that the defendants be put on notice to respond and adjourning the matter to September 15, 2025, for them to show cause.

Dissatisfied with the proceedings at the trial court, the Mark-led faction approached the Court of Appeal, challenging the jurisdiction of the Federal High Court to entertain the matter.

The appellate court ordered parties to maintain status quo ante bellum pending determination of the case, setting the stage for Tuesday’s crucial Supreme Court hearing.