The Supreme Court has restored Senator David Mark as the leader of the African Democratic Congress – ADC, following its unanimous decision to vacate a lower court order that had paralyzed the party’s top hierarchy. In a landmark judgment delivered on Thursday, a five-member panel of the apex court, led by Justice Mohammed Lawal Garba, held that the Abuja Division of the Court of Appeal acted beyond its judicial jurisdiction.
The appellate court had previously issued a “status quo ante bellum” order, effectively suspending the leadership of the African Democratic Congress (ADC) despite having already dismissed the case brought before it by a rival faction. This ruling by the Supreme Court provides immediate relief to the faction led by the former Senate President, whose recognition by electoral authorities had been stalled by the now-vacated order.
Justice Garba, in the lead judgment, was scathing in his assessment of the appellate court’s actions, stating that “giving such an order in an appeal it had already dismissed was unnecessary, unwarranted, and improper.” The Supreme Court clarified that the appeal filed by Senator David Mark succeeded in part. While the apex court dismissed the aspect of the appeal challenging a Federal High Court ex-parte order regarding the service of processes, it moved decisively to strike down the status quo order that had created a leadership vacuum within the party. By vacating this order, the Supreme Court has cleared the legal obstruction that prevented the party from functioning under its current executive structure.
The legal entanglement reached a critical point on April 1, 2026, when the Independent National Electoral Commission (INEC) officially removed Senator David Mark and former Governor Rauf Aregbesola from its portal as the ADC National Chairman and Secretary, respectively. INEC had justified this move by citing the Court of Appeal’s status quo order, claiming it could not recognize any faction until the final determination of the leadership dispute. This de-recognition had sparked fears among party faithful that the ADC would be excluded from participating in the upcoming 2027 general elections. However, today’s Supreme Court ruling effectively mandates a reversal of that administrative freeze, paving the way for the restoration of Mark and Aregbesola on the electoral body’s digital platforms.
The apex court has now directed the warring factions to return to the trial court for the continuation of the hearing on the substantive case. While the leadership remains restored for now, the final legal battle will be fought at the Federal High Court to determine the ultimate legitimacy of the party’s executives. Legal experts note that the Supreme Court’s intervention was necessary to correct a procedural error where the Court of Appeal attempted to regulate the party’s internal affairs after its own jurisdiction over the specific appeal had ended. This ensures that the rule of law is maintained while the trial court examines the grievances of the party’s members.
For the members of the ADC, this judgment is viewed as a significant victory for internal party democracy and administrative stability. The Mark-led leadership, which has recently overseen the entry of prominent political figures like Rabiu Kwankwaso into the party, can now focus on its strategic roadmap without the immediate threat of being de-recognized. As the matter returns to the trial court, the ADC leadership is expected to push for an expedited hearing to achieve final legal clarity. For now, the Supreme Court’s decision ensures that the party remains a viable and recognized player in Nigeria’s political landscape, free from the constraints of the improperly issued status quo order.
