The Supreme Court of Nigeria has fixed Tuesday, April 14, 2026, for the hearing of an appeal filed by the national chairman of the African Democratic Congress, Senator David Mark, against the Court of Appeal’s March 12 ruling that dismissed his challenge and directed parties to return to the trial court a development that dramatically escalates the ADC’s leadership crisis to the highest court in the land and creates a potential jurisdictional clash with proceedings at the Federal High Court scheduled for the same day.
In the appeal marked SC/CV/180/2026, filed by his counsel Realwan Okpanachi, Mark is asking the Supreme Court to grant an order staying the execution of the Court of Appeal’s ruling pending the hearing and determination of his appeal effectively seeking to freeze all proceedings arising from the appellate court’s decision, including INEC’s derecognition of his leadership and the resumption of Nafiu Bala Gombe’s suit at the trial court.
The hearing notice was sent to the parties on Friday through the litigation department of the Supreme Court.
The Supreme Court’s choice of April 14 creates an extraordinary situation: the same ADC leadership dispute will be before two different courts on the same day.
Justice Emeka Nwite of the Federal High Court had earlier fixed April 14 for the hearing of Gombe’s suit (FHC/ABJ/CS/1819/2025) challenging Mark’s leadership — the very case that Mark’s Supreme Court appeal seeks to stay.
Legal observers note that the lower court may step down the matter or adjourn proceedings pending the hearing at the apex court, in deference to the hierarchy of courts. This principle of judicial hierarchy means that when a higher court is seized of an issue, lower courts typically defer to avoid conflicting rulings.
If the Supreme Court grants Mark’s application for a stay of proceedings, the Federal High Court would be bound to suspend all hearings in Gombe’s suit until the Supreme Court resolves the appeal potentially buying Mark months of additional time.
Mark’s appeal seeks several specific reliefs from the apex court.
First, an order staying execution of the Court of Appeal’s judgment delivered on March 12, 2026, pending the hearing and determination of his appeal. This would effectively suspend the appellate court’s directive for parties to return to the trial court and maintain the status quo ante bellum.
Second, an order restraining INEC from altering the party’s current national leadership structure as constituted and represented by Mark, pending the hearing and determination of the appeal. This relief directly targets INEC’s April 1 decision to remove Mark and Aregbesola’s names from its portal.
Third, an order staying further proceedings in Suit No. FHC/ABJ/CS/1819/2025 pending before Justice Nwite at the Federal High Court. If granted, this would freeze Gombe’s case entirely until the Supreme Court determines the appeal.
The respondents in the appeal are Nafiu Bala Gombe (first respondent), the ADC (second respondent), Rauf Aregbesola (third respondent), INEC (fourth respondent), and Ralph Nwosu (fifth respondent).
The ADC leadership battle has now traversed three levels of the Nigerian court system in under eight months.
The motion ex parte was heard on September 4, 2025, with Justice Nwite directing that respondents be put on notice to show cause. Dissatisfied with an interim ruling, Mark filed an appeal to the Court of Appeal challenging the Federal High Court’s jurisdiction.
The motion ex parte was heard on September 4, 2025, with Justice Nwite directing that respondents be put on notice to show cause. Dissatisfied with an interim ruling, Mark filed an appeal to the Court of Appeal challenging the Federal High Court’s jurisdiction.
On March 12, 2026, the Court of Appeal dismissed Mark’s case in its entirety, holding that it was “incompetent and unmeritorious.” The appellate court directed parties to return to the trial court and maintain the status quo ante bellum pending the determination of the substantive suit.
On April 1, INEC announced that it would no longer recognise either faction, removing Mark and Aregbesola’s names from its portal and refusing to engage with or monitor either group’s activities.
Mark then filed a motion at the Federal High Court on April 7, through counsel Sulaiman Usman SAN, seeking to compel INEC to restore his leadership on the portal and seeking accelerated hearing.
Simultaneously, Mark has now taken the fight to the Supreme Court through the appeal filed by Okpanachi, asking the apex court to overturn the Court of Appeal’s decision and freeze all lower court proceedings.
At the Federal High Court level, Mark has filed a preliminary objection challenging the competence of Gombe’s suit on multiple grounds.