The Supreme Court has reserved judgment in the appeal filed by the National Chairman of the African Democratic Congress (ADC), David Mark, challenging the jurisdiction of the court to intervene in the party’s internal affairs.
A five-member panel of the apex court, led by Justice Garba Mohammed, announced the decision on Tuesday after counsel to the parties adopted their briefs of argument for and against the appeal.
David Mark’s lawyer, Jibrin Okutepa (SAN), urged the court to allow the appeal, arguing that the apex court had already settled the matter on March 21, 2025, when it held that “no court has jurisdiction to entertain cases bordering on internal affairs of political parties.” On that basis, he asked the court to hold that the trial court lacked the jurisdiction to hear the suit concerning the ADC’s internal matters.
Counsel to Nafiu Gombe, Robert Emukpero (SAN), however, asked the Supreme Court to dismiss the appeal and uphold the judgment of the lower court, which ruled that the appellant’s case was premature and struck it out.
The dispute stems from a suit filed by Gombe at the Federal High Court, Abuja, before Justice Emeka Nwite, challenging the leadership of the ADC. David Mark had contested the trial court’s jurisdiction, but the Court of Appeal dismissed his appeal, describing it as premature and filed without the leave of the trial court.
In its ruling, the appellate court ordered that the matter be returned to the trial court for expeditious hearing and directed parties to maintain the status quo ante bellum. Following that order, the Independent National Electoral Commission (INEC) de-recognised the Mark-led leadership of the ADC pending the court’s determination of the party’s authentic leadership.
Dissatisfied with the appellate court’s decision, Mark approached the Supreme Court to challenge the ruling and to seek an order staying the directive on maintaining the status quo. Rather than hear the motions filed in the appeal, the apex court directed parties to file their briefs on the substantive appeal.
After listening to submissions from both sides, Justice Garba Mohammed announced that judgment has been reserved to a date that will be communicated to the parties.
The outcome of the appeal is expected to clarify the extent of judicial intervention in political party leadership tussles and determine the recognised leadership structure of the ADC ahead of future political activities.
