The Supreme Court will on Tuesday hear an appeal filed by the embattled National Chairman of the African Democratic Congress (ADC), Senator David Mark, in a legal battle that has deepened the leadership crisis within the opposition party.
Mark is seeking an order staying the execution of the March 12 judgment of the Court of Appeal, which has triggered a series of legal and political developments affecting the party’s national leadership.
In a hearing notice with appeal number SC/CV/180/2026—between Senator David Mark and Hon. Nafiu-Bala Gombe alongside four others—the apex court fixed April 14 for proceedings.
The notice, issued through the Litigation Department of the Supreme Court on Friday, was sighted in Abuja on Sunday.
The hearing date coincides with an earlier schedule at the Federal High Court, Abuja, where Justice Emeka Nwite is presiding over a related matter.
However, legal observers indicate that the lower court may adjourn or step down its proceedings in deference to the Supreme Court, in line with the hierarchy of courts.
Mark, the appellant, listed Hon. Nafiu-Bala Gombe, the ADC, Ogbeni Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Chief Ralph Nwosu as first to fifth respondents respectively.
In a motion on notice filed by his counsel, Realwan Okpanachi, the former Senate President urged the court to halt the enforcement of the appellate court’s decision pending the determination of his appeal.
He also sought an order restraining INEC from recognising any individual other than himself and the existing national officers of the ADC.
“The 1st respondent (Gombe) has been relying on the said order to write to the 4th respondent (INEC), urging it to refrain from dealing with or recognising the appellant and other national officers of the ADC,” Okpanachi stated.
He argued that such actions amount to an attempt to enforce the judgment of the Court of Appeal.
“Unless this application is granted, the judgment of the Court of Appeal will be enforced and the appeal rendered nugatory,” the lawyer said.
Okpanachi further maintained that the appeal raises substantial and arguable issues of law, adding, “It is in the interest of justice to preserve the res and protect the authority of this honourable court.”
Mark also requested the apex court to restrain INEC from tampering with the ADC’s national leadership structure and to stay further proceedings in Suit No. FHC/ABJ/CS/1819/2025 pending before Justice Nwite.
The motion was brought pursuant to Sections 6(6)(a) and 233 of the 1999 Constitution (as amended), Order 4 Rule 1 of the Supreme Court Rules, 2024, and under the inherent jurisdiction of the court.
According to the 12-ground argument presented by Okpanachi, the Court of Appeal delivered its judgment in Appeal No. CA/ABJ/CV/145/2026 on March 12.
Dissatisfied with the ruling, Mark filed a notice of appeal on March 16, while the record of appeal was compiled and transmitted on March 31.
The dispute intensified after INEC, on April 1, removed the names of Mark and Aregbesola from its official portal as ADC National Chairman and National Secretary respectively, following the appellate court’s judgment.
In response, Mark filed another motion on April 7 before Justice Nwite through his new counsel, Sulaiman Usman, SAN, seeking an order directing the electoral body to restore their names.
He also prayed the court for an accelerated hearing of the case, prompting Justice Nwite to fix April 14 for proceedings.
Meanwhile, Hon. Nafiu-Bala Gombe, a former National Deputy Chairman of the ADC, had instituted Suit No. FHC/ABJ/CS/1819/2025 against the party, Mark, Aregbesola, INEC, and Chief Ralph Nwosu.
Gombe is challenging the legitimacy of Mark and Aregbesola’s emergence as national leaders of the party, arguing that their appointments contravene the ADC constitution and the Electoral Act.
He is seeking an order restraining them from parading themselves as national chairman and national secretary.
Justice Nwite had earlier, on September 4, 2025, declined an ex-parte application filed by Gombe to stop the Mark-led leadership, directing instead that all defendants be put on notice.
Subsequently, the Mark-led ADC approached the Court of Appeal, challenging the jurisdiction of the lower court.
The appellate court, while delivering its judgment, ordered parties to maintain the status quo ante bellum pending the determination of the case.
Former ADC National Chairman Chief Ralph Nwosu had stepped down to pave the way for Mark’s leadership.
(NAN)