Senior Advocate of Nigeria (SAN) Jibrin Okutepa, lead counsel to Senator David Mark in the African Democratic Congress (ADC) leadership dispute, has commended the Independent National Electoral Commission (INEC) for adhering to a Supreme Court judgment without awaiting formal service. However, constitutional lawyer Aloy Ejimakor cautioned that the ruling does not resolve the party's underlying legal challenges, which could threaten its 2027 electoral ambitions.
Supreme Court Ruling and INEC's Response
The Supreme Court, on Thursday, directed David Mark to return to the Federal High Court for hearing on issues arising from the ADC leadership dispute. This followed the Court of Appeal's March 12 dismissal of Mark's appeal against a September 4 Federal High Court ruling. The case originated from a suit filed by former ADC vice-chairman Nafiu Bala, seeking to stop the Mark-led leadership from acting as national officers. Bala named ADC, Mark, Rauf Aregbesola, INEC, and Ralph Nwosu as defendants.
In a unanimous judgment, a five-member panel led by Mohammed Garba faulted the Court of Appeal's status quo order, ruling that the lower court acted beyond its jurisdiction. Okutepa, in a statement on his X handle, praised INEC for restoring the ADC leadership on its portal without prompting. He noted, "When I checked the INEC portal, it was clear that INEC, without prompting, has restored the leadership of the ADC to its portal."
Okutepa's Commendation
Okutepa emphasized that INEC's action was the right thing to do under the rule of law. He stated, "The decision of the Supreme Court yesterday was clear. The order of the Court of Appeal for maintenance of status quo was held to have been made without jurisdiction and was set aside. INEC, as a corporate entity, has accorded respect to the decision of the Supreme Court without pretending that it was yet to be formally served." He added that INEC demonstrated respect for the rule of law, contrasting with institutions that wait for formal service before obeying court orders. "Until we agree to be bound by the rule of law and due process, Nigeria's development will be a mirage," he said.
Ejimakor's Warning
Ejimakor, in a legal analysis, argued that the Supreme Court only resolved a narrow procedural issue by setting aside the status quo order, which had directed INEC to maintain the pre-crisis leadership structure. He explained, "The judgment only provided a narrow relief on one specific procedural issue but leaves the core disputes unresolved and, on its face, even opened the door to continued litigation." The court did not decide the authentic leadership of ADC; it ordered parties back to the Federal High Court for accelerated hearing of the substantive suit. Ejimakor warned that the core dispute between the Mark-led caretaker committee and factions loyal to Nafiu Bala Gombe remains alive, and whichever side loses could appeal up to the Supreme Court.
Additional Legal Hurdles
Ejimakor pointed to a Federal High Court order issued on April 29, 2026, by Justice Abdulmalik, which restrained INEC from recognizing congresses organized by the Mark-led caretaker committee and barred the faction from interfering with elected state executives. He noted, "This order stands independently of the Supreme Court ruling and creates fresh operational hurdles." He also warned of possible deregistration threats from separate legal processes filed by former lawmakers seeking a court order to deregister ADC over alleged statutory non-compliance.
Conclusion
Ejimakor likened ADC's predicament to the prolonged internal crises that plagued the Peoples Democratic Party (PDP), stating that political parties in Nigeria often become entangled in multiple overlapping litigations involving leadership disputes, congresses, and candidate nominations. "The ADC is now in exactly that position," he said. "Until the Federal High Court and any subsequent appeals finally determine the authentic leadership and the party complies fully with electoral laws, the ADC remains entangled in legal uncertainty."
