Supreme Court Sets April 14 for Hearing David Mark's Appeal in ADC Leadership Dispute

The Supreme Court is set to hear an appeal filed by David Mark, the current National Chairman of the African Democratic Congress (ADC), on Tuesday.

Mr. Mark is seeking a stay of execution on the March 12 judgment delivered by the Court of Appeal.

The apex court, in a notice of hearing bearing appeal number SC/CV/180/2026, lists Mr. Mark versus Nafiu-Bala Gombe and four other respondents. The proceedings are scheduled to take place on April 14.

This hearing notice, dispatched to the involved parties by the Supreme Court's Litigation Department on Friday, was made available on Sunday in Abuja to the News Agency of Nigeria (NAN).

The date set by the Supreme Court aligns with the date previously established by the trial judge, Justice Emeka Nwite of the Federal High Court (FHC) in Abuja.

NAN has learned that the lower court might postpone its hearing or defer proceedings until the Supreme Court has ruled, respecting the hierarchy of the judiciary.

The appellant, Mr. Mark, has identified Nafiu-Bala Gombe, the ADC, Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Ralph Nwosu as the first through fifth respondents.

Through his lawyer, Realwan Okpanachi, Mr. Mark filed a motion seeking an order to halt the execution of the Court of Appeal's judgment until his appeal is heard and decided.

He also requested an order preventing INEC from acting on the Appeal Court's judgment by recognizing any individuals other than himself and the current national officers of the ADC, pending the resolution of his appeal.

Furthermore, Mr. Mark, who previously served as Senate President, asked the Supreme Court for an order to prevent INEC from altering the party's national leadership structure as currently constituted and represented by him, pending the determination of the appeal.

Additionally, he sought an order to stay further proceedings in the case FHC/ABJ/CS/1819/2025, which is before Justice Nwite at the FHC, until his appeal at the Supreme Court is concluded.

The motion was submitted by his counsel, citing relevant sections of the 1999 Constitution (as amended), Order 4, Rule 1 of the Supreme Court Rules, and the court's inherent jurisdiction.

Mr. Okpanachi presented a 12-ground argument, stating that the Court of Appeal issued its judgment in appeal number CA/ABJ/CV/145/2026 on March 12.

He noted that Mr. Mark, disagreeing with this judgment, submitted a notice of appeal to the Supreme Court on March 16, and the appeal record was compiled and transmitted on March 31.

The lawyer confirmed that the appeal has been officially entered before the Supreme Court as SC/CV/180/2026.

He pointed out that one of the directives from the Court of Appeal was for parties to maintain the status quo ante bellum.

"The first respondent (Gombe) has been using this order to communicate with the fourth respondent (INEC), advising it to refrain from dealing with or acknowledging the appellant (Mark) and other national officers of the second respondent (ADC)," he stated.

"The actions of the first respondent (Gombe) are an attempt to enforce the Court of Appeal's judgment," Mr. Okpanachi added.

However, the lawyer asserted that Mr. Mark has filed a valid appeal contesting the entire judgment of the Court of Appeal.

"If this application is not granted, the Court of Appeal's judgment will be enforced, rendering the appeal futile."

Mr. Okpanachi argued that the appeal raises significant legal questions and that granting the application would be in the interest of justice.

"It is crucial for justice to preserve the subject matter and uphold the authority of this honorable court," he urged.

NAN reports that following the Appeal Court's decision, INEC removed the names of Mr. Mark and Mr. Aregbesola from its official portal and website as ADC's national chairman and national secretary, respectively, on April 1.

In response to INEC's action, Mr. Mark filed a motion on notice before Justice Nwite on April 7, through his new lawyer, Sulaiman Usman, SAN. He requested an order compelling INEC to reinstate their names as they were before the suit was filed by Mr. Gombe.

He also sought an order for expedited hearing of the case, and the judge scheduled it for April 14.

In the suit marked FHC/ABJ/CS/1819/2025 at the FHC, Mr. Gombe had sued the ADC, Mr. Mark, Mr. Aregbesola, INEC, and Mr. Nwosu as the first to fifth defendants.

Mr. Nwosu was the former National Chairman of the ADC who stepped down in favor of David Mark.

Mr. Gombe, who previously held the position of ADC National Deputy Chairman, urged Justice Nwite to prevent Messrs. Mark and Aregbesola from presenting themselves as the party's national chairman and national secretary.

The former deputy national chairman contended that the emergence of Messrs. Mark and Aregbesola as leaders contravened the provisions of the party's constitution and the Electoral Act.

On September 4, 2025, the judge had denied an ex parte motion filed by Mr. Gombe, which sought to halt the leadership of the ADC under Mr. Mark pending the hearing of his main suit.

Justice Nwite refused the three requests made in Mr. Gombe's ex parte motion, which was presented by his lawyer, Michael Agber.

Instead, the judge instructed Mr. Gombe, the plaintiff, to notify all defendants to appear and explain why the motion should not be granted.

The case was subsequently adjourned to September 15, 2025, for the defendants to present their arguments.

However, the ADC faction led by Mr. Mark appealed to the Court of Appeal, questioning the trial court's jurisdiction to hear the case. The appellate court then instructed the parties to return to the trial court and maintain the status quo ante bellum while the case was being heard.