…As Supreme Court Delays Ruling In Party Dispute
The African Democratic Congress (ADC) has written to the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, warning that continued delay in delivering judgment in the party’s leadership dispute could jeopardise its participation in the 2027 general elections.
In a petition dated April 28, 2026, and received by the Office of the Chief Justice of Nigeria, lawyers representing the ADC urged the Supreme Court to urgently deliver judgment in the appeal involving former Senate President, David Mark, and Nafiu Bala Gombe.
The apex court had on Wednesday, April 22, reserved judgment in separate appeals challenging the leadership structures of the ADC and the Peoples Democratic Party, after hearing arguments and adopting final written submissions from parties.
Marked SC/CV/180/2026, the appeal was instituted by the party’s National Chairman, David Mark, who is contesting a suit filed by Nafiu Bala Gombe, a former deputy national chairman, over the legitimacy of the party’s leadership.
Mark had through his counsel, Realwan Okpanachi, prayed the court to restrain INEC from altering the party’s leadership structure under him and to stay further proceedings in suit No. FHC/ABJ/CS/1819/2025 before the Federal High Court.
The dispute dates back to September 2, 2025, when Bala approached the Federal High Court seeking to restrain INEC from recognising the Mark-led executive and to instead recognise him as acting national chairman.
He maintained that he never resigned as national vice-chairman and was entitled to assume leadership following the exit of Nwosu. On September 4, 2025, the trial court presided over by Emeka Nwite directed the respondents, including INEC, to show cause why the application should not be granted.
Dissatisfied, Mark challenged the jurisdiction of the trial court, but on March 12, 2026, the Court of Appeal dismissed his appeal as incompetent and unmeritorious, directing parties to return to the lower court while maintaining the status quo ante bellum.
Following the appellate decision, INEC announced on April 1 that it would refrain from recognising either faction of the ADC led by Mark or Bala pending judicial clarity, effectively suspending engagement with both camps.
In response, the Mark-led faction filed further processes seeking to compel INEC to restore its recognition and maintain the existing National Working Committee, while also raising a preliminary objection challenging Bala’s locus standi and the justiciability of the suit.
While a five-member panel of the apex court led by Justice Mohammed Garba, on Wednesday reserved judgment in the matter, in the letter addressed to the CJN, counsel to the ADC, Messrs S. E. Aruwa, SAN & Co., warned that the delay had already created serious constitutional and political consequences for the opposition party.
The petition, signed by Senior Advocate of Nigeria, Shaibu Enejo Aruwa, claimed that the Independent National Electoral Commission (INEC), acting based on a lower court judgment in Appeal No. CA/ABJ/145/2026, had allegedly moved to de-recognise the current ADC leadership structure.
According to the lawyers, the development has effectively left the party without a recognised leadership despite its continued status as a registered political party in Nigeria.
The letter was titled: “A Passionate Plea For The Timely Delivery Of The Judgment In The Above Mentioned Appeal To Forestall The Impending Irreparable Harm To Constitutional Right Of African Democratic Congress (ADC) To Participate In The 2027 General Elections.”
The ADC legal team argued that the timing of the matter had become critical because INEC had already commenced implementation of activities tied to the revised timetable for the 2027 elections.
The lawyers stated that copies of an alleged INEC press release de-recognising the ADC leadership, alongside the revised election timetable, were attached to the petition submitted to the CJN.
Aruwa, SAN, warned that unless judgment is delivered urgently, the ADC could face what he described as a “grave and irreversible risk” of exclusion from key electoral processes ahead of the 2027 polls.
The letter stated in part: “The ADC’s ability to comply with these statutory requirements to participate in the 2027 General Elections is wholly dependent on the timely delivery of the judgment in the instant Appeal.”
The lawyers further argued that prolonged uncertainty surrounding the leadership dispute could disenfranchise millions of Nigerians who identify with the party and deny them the constitutional right to freely associate and contest elections through a political platform of their choice.
According to the petition, the ADC fears it may be unable to validly undertake critical activities required by law, including leadership recognition and compliance processes necessary for participation in the next general elections.
The counsel also stressed that while the Supreme Court bears enormous constitutional responsibilities, the peculiar urgency of the case required accelerated judicial attention.
“Justice delayed, in this peculiar circumstance, would amount to justice denied,” the lawyers wrote, adding that the political future of the ADC and the legitimate expectations of its members nationwide “now hangs in the balance.”
As of press time, neither the Supreme Court nor INEC had officially responded to the petition.