From Victor Osula, Abuja
The Supreme Court has restored the David Mark-led leadership of the African Democratic Congress (ADC). The Justices of the apex court nullified the ‘status quo antebellum,” order of the Appeal Court, which the Independent National Election Commission, INEC interpreted to derecognise the David Mark led exco of the party.
The apex court, in a unanimous judgement delivered by a five-member panel led by Justice Mohammed Garba, upheld the directive of the Court of Appeal ordering parties back to the lower court, but voided the preservative injunction directing parties to maintain the status quo ante bellum.
The ruling is widely seen as reinforcing the authority and operational legitimacy of the current leadership of the ADC while keeping the legal process on course toward final judicial determination.
The dispute arose from competing claims to the leadership of the party between the David Mark-led executive and a rival faction championed by Bala Gombe.
Other respondents in the matter included the party’s National Secretary, Rauf Aregbesola, the Independent National Electoral Commission and ADC founder, Ralph Nwosu.
The crisis emerged following the exit of Ralph Nwosu from the party’s leadership structure, which triggered competing claims over succession and control of the party hierarchy.
Court documents showed that on September 2, 2025, Bala Gombe approached the Federal High Court in Abuja seeking orders restraining INEC from recognising the David Mark-led executive while also asking the court to recognise him as Acting National Chairman of the party.
He argued that he never resigned from office as Deputy National Chairman and was constitutionally entitled to assume leadership of the party after Nwosu’s departure.
Following proceedings before the Federal High Court, the matter proceeded to the Court of Appeal after the Mark-led faction challenged the competence of the suit and the jurisdiction of the trial court.
In its judgment delivered on March 12, 2026, the Court of Appeal dismissed the appeal filed by the Mark-led faction as incompetent and unmeritorious, while directing all parties to return to the Federal High Court for hearing of the substantive suit. The appellate court also ordered parties to maintain the status quo ante bellum pending the determination of the matter.
Dissatisfied with aspects of the ruling, the Mark-led faction approached the Supreme Court.
Delivering judgement on Thursday, the apex court held that the Court of Appeal possesses the power to make preservative orders to protect the substance of a case. However, the Supreme Court ruled that the preservative order granted in the ADC matter was unnecessary and wrongly made in the circumstances surrounding the dispute.
“The directive of the Court of Appeal to maintain status quo ante bellum is a preservative order wrongly made in this case”, the apex court held.
The Supreme Court consequently set aside the preservative injunction earlier imposed by the Court of Appeal, despite acknowledging that status quo ante bellum remains a cardinal principle of justice.
The apex court further upheld the appellate court’s directive requiring parties to return to the Federal High Court for continuation of proceedings on the substantive issues.
In another key aspect of the judgment, the Supreme Court held that the failure of the appellants to obtain leave of the Federal High Court before filing the appeal at the Court of Appeal was fatal to their case.
According to the apex court, the appellants did not possess a right of appeal as claimed, thereby affirming the decision of the Court of Appeal, which described the appeal filed by the David Mark-led faction as incompetent.
The court also rejected the argument by counsel to the appellants that the issue of jurisdiction in the matter could be raised broadly without complying with procedural requirements.
According to the Supreme Court, the jurisdictional issue raised was not one that could “be at large” in the manner canvassed by the appellants’ counsel.
The apex court further clarified that the interim order earlier made by the Federal High Court was not intended to prejudice the appellants, but was merely designed to ensure that they were properly heard in line with the principles of fair hearing.
The judgement effectively reinforces the legitimacy of the David Mark-led leadership while allowing the substantive issues in dispute to proceed before the Federal High Court for final adjudication.
Reacting to the judgment, the National Youth Leader of the ADC, Balarabe Rufai, congratulated members of the party and described the ruling as a positive development for the party’s leadership stability and internal processes.
According to him, the judgement reinforces the position of the current leadership and keeps the legal process on track toward final clarity.
“Congratulations to all committed members of the ADC. Stay focused. The journey continues”, Rufai stated.
