…Judgment reinforces rule of law in Nigeria – Bolaji Abdullahi
…Apex court nullifies PDP Ibandan convention
… Says it breached a subsisting court order
By MBACHU GODWIN and YAHAYA UMAR, Abuja
Supreme Court has dismissed the decision of the court of Appeal, ordering parties to maintain ‘Status quo antebellum’, in the leadership dispute withing the ADC.
The apex court, however, maintained that the Court of Appeal was right in ordering parties to return to the Federal High Court where party leadership tussle exists.
On the issue of jurisdiction, the court faulted the appellant noting that the apex court has the jurisdiction to entertain appeals from the lower court, citing section 233 of the 1999 constitution.
It ordered parties in the African Democratic Congress, ADC, leadership tussle to return to the Federal High Court for the resolution of the matter.
In its unanimous judgment set aside the order of the Court of Appeal, which ordered parties in the suit to maintain status quo ante bellum.
Justice Mohammed Garba, who delivered the lead judgment held that the lower court was wrong to have raised the issue “somoto” (on its own, not requested by any party in the matter), and subsequently issued the status quo ante bellum order.
According to the judgment, it was wrong for the lower court to issue any preservative order in a case pending before the trial court.
“The directive made (status quo ante bellum) after striking out the appeal and issuing an accelerated hearing was unnecessary, unwarranted and improper”, Garba held.
The ex-Senate President had asked the court to grant an order staying the execution of the court of appeal’s ruling delivered on March 12 that dismissed his appeal in relation to the ongoing leadership dispute in the party.
A three-member panel of the Court of Appeal, led by Justice Uchechukwu Onyemenam had upheld the objection raised by Bala Nafiu Gombe insisting that the appeal was incompetent and that it was based on issues not reflected in the ruling of the trial court.
Mark had appealed a Sept. 4, 2025 ruling by Justice Emeka Nwite of the Federal High Court in Abuja that refused to grant some injunctive reliefs contained in an ex-parte application filed by Mr Bala Nafiu Gombe.
The dispute, which began as an internal transition disagreement in mid-2025, has now drawn in the courts and INEC, raising concerns over the ADC’s capacity to function as a viable opposition platform ahead of the 2027 general elections.
INEC’s decision on April 1, to withdraw recognition from both the Mark- and Bala-led factions, citing a subsisting Court of Appeal order to maintain the status quo ante bellum, has left the party without an officially recognised leadership structure, which the apex court frowned upon and condemned in its entirety.
The electoral body said it would not engage with any faction pending a final judicial determination, a position that could have far-reaching implications for the party’s participation in the 2027 polls.
The Mark-led faction insists it emerged through due process, citing a series of National Executive Committee, NEC, decisions in 2025, including the July 29 ratification of a caretaker leadership.
Relying on provisions of Article 13 of the ADC constitution, the group argues that the NEC is empowered to administer the party, implement convention decisions and establish interim structures where necessary.
It also cites Articles 17(3) and 17(4) to justify the transition process, maintaining that vacancies were properly filled through the appropriate executive mechanisms.
On eligibility, the faction contends that requirements such as the two-year membership rule under Article 9(4) were lawfully waived through NEC resolutions earlier in 2025 to accommodate coalition-building efforts.
It further argues that its initial recognition by INEC in September 2025, alongside its conduct of congresses and the April 14, National Convention, affirms its legitimacy.
However , the African Democratic Congress ,ADC, has welcomed the Supreme Court ruling affirming Senator David Mark as National Chairman and Ogbeni Rauf Aregbesola as National Secretary, describing the decision as a clear validation of the party’s leadership position and a definitive confirmation that the INEC’s decision to de-recognise the David Mark leadership was fundamentally faulty.
In a statement by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party said the judgement reinforces the primacy of the rule of law in Nigeria’s democratic space and justifies the party’s faith in the Supreme Court of Nigeria.
“Today’s decision is a clear and unequivocal affirmation that our party, its structures, and its leadership under our National Chairman, Senator Mark, and our National Secretary, Ogbeni Aregbesola, are legitimate. It lays to rest all contrived disputes and manufactured uncertainties, and reinforces the principle that the rule of law, not political manipulation, must guide the affairs of our democracy.
“We commend the five-man panel of the Supreme Court, whose unanimous judgment, has today done great credit to the judiciary in our country and our political system.
In another development the apex court dismissed the appeal filed by the Taminu Turaki-led National Working Committee of the Peoples Democratic Party, PDP.
Delivering the majority judgment yesterday, Justice Stephen held that the national convention held in Ibadan, Oyo State, on November 15 and 16, 2025 was in defiance of an existing judgment of the Federal High Court, delivered by Justice James Omotosho.
In this vein, the supreme court berated the Turaki-led group for going on to another court of coordinate jurisdiction to secure an order, instead of going on appeal, adding that the move as an abuse of court process.
The Judgement was split by three to two but the majority judgment carried the day and it adds that any litigant who engages in the act of abuse of court process does so at his or her own peril. By implication, the court protected it’s own or itself by growing against disobedience to court judgments.
The majority judgment dismissed the appeal for lack of merit.
The Turaki group had asked the Supreme Court to set aside a Court of Appeal ruling that voided the convention for breaching a subsisting court order.
Through their counsel, Paul Erokoro (SAN), the appellants urged the apex court to uphold the convention and dismiss a cross-appeal filed by a rival faction loyal to the Minister of the Federal Capital Territory, Nyesom Wike.
However, the respondents, including former Jigawa State Governor Sule Lamido, contended that the dispute transcends internal party matters and centres on disobedience to a valid court order.
Lamido had earlier obtained a Federal High Court injunction barring the PDP from holding the convention until he was permitted to contest for the position of national chairman.
Despite the order, the party went ahead with the exercise—an action later declared unlawful by both the trial court and the Court of Appeal.
The appellate court further ruled that the matter was not protected under the doctrine of internal party affairs and accordingly nullified the convention.
The apex court further held that political parties are the vehicle through which politicians get to public office, hence they have a responsibility to obey court orders in defence of the rule of law.
It held that once a party knows of an order of court, it is bound to obey it.
“The conduct of the national convention of November 15, 2025, is null and void and is hereby nulled”, it declared.
“This court will not lend its machinery to any litigant who abuses the process of the court. This appeal is lacking in merit and is hereby dismissed. Parties will bear their own costs”, it added.
Justice Haruna Samani, in the minority judgment he read, maintained, among other reasons, that the process of who runs a political party is the internal affairs of the party, and therefore not within the jurisdiction of the lower courts.
This position was also supported by Justice Abubakar Umar, who cited an earlier ruling of the Supreme Court, which states that any matter that does not concern primary elections of political parties is not a pre-election matter and therefore not justiciable.
Both justices, however, pointed out that they do not support the disobedience of court orders.
The lead majority judgment was read by Justice Stephen Adah, and supported by Justices Mohammed Garba and Chidiebere Chioma Nwosu-Iheme.
The Ibadan convention had deepened the crisis in the PDP, leading to expulsions and counter-expulsions.
On March 29, the PDP, backed by the Minister of the Federal Capital Territory, Nyesom Wike, held its national convention in Abuja and produced Abdulrahman Mohammed as the substantive National Chairman, while Samuel Anyanwu was returned as National Secretary.
Controversial as it looks, the Certified True Copies of the apex court judgement of yesterday is not yet public but reports has it that the apex court after dismissing the appeal on Ibadan Convention, also made a decision on the suspension of certain officers of the PDP during the Ambassador Iliyah Damagun led PDP National Working Committee whereby Senator Anyanwu and others were suspended affirmed by the High Court, Court of Appeal and yesterday’s apex court’s Judgement.
Importantly, the court has settled that the INEC led by Prof Amupitan Josh , a Senior Advocate of Nigeria misinterpreted the Status quo Ante bellum which ought not to have been in the first place because the Court of Appeal shouldn’t have granted what was never prayed for and what never emanated from the High Court but returned the matter to the High Court to hear and determine if the court has the jurisdiction or not as a matter of Jurisdiction has its exceptions that are purely intra-party matters and those that breached the Constitution of the Federal Republic of Nigeria, the party constitution and the Electoral Act.