In a landmark judicial reversal, the Supreme Court of Nigeria has unanimously set aside a controversial order by the Court of Appeal, effectively reinstating the faction led by former Senate President David Mark as the lawful leadership of the African Democratic Congress (ADC).
The Thursday verdict, delivered by a five-member panel of justices chaired by Justice Mohammed Lawal Garba, brings an end to the administrative “limbo” that had plagued the party following its de-recognition by the Independent National Electoral Commission (INEC).
The apex court’s ruling centers on the nullification of a “status quo ante bellum” order previously issued by the Abuja Division of the Court of Appeal. The justices held that the appellate court’s order was “unnecessary” and lacked a sound procedural foundation. By setting aside this order, the Supreme Court has cleared the legal path for INEC to restore the David Mark-led National Working Committee (NWC) to its official database, reversing the commission’s earlier decision to delist the faction.
A critical technicality in the ruling involved the issue of “jurisdiction.” The Supreme Court observed that the appeal regarding the party’s leadership had been filed based on an ex parte order—an emergency application where only one side is initially heard—without the appellants first seeking and obtaining the mandatory “leave” (permission) of the appellate court to do so.
“The appeal on jurisdiction was filed on an order ex parte inviting parties to show cause without first obtaining leave of the appellate court,” the panel noted, highlighting a significant breach of judicial procedure by the rival faction.
The judgment is seen as a major victory for the David Mark-led coalition, which has consistently argued that leadership disputes are internal party matters that should be shielded from excessive judicial interference. With the “status quo” order removed and their legitimacy restored, the Mark executive now regains full administrative control over the ADC, including the authority to conduct primaries and interact officially with INEC ahead of the 2027 general elections.
The decision puts to rest—at least legally—the challenge mounted by rival stakeholders, including the faction led by Nafiu Bala. For the ADC, the verdict serves as an existential lifeline, allowing the party to move beyond months of institutional paralysis and resume its role as a key player in Nigeria’s opposition landscape.
