Supreme Court Reserves Judgment in ADC Leadership Tussle Appeal
The Supreme Court of Nigeria has reserved its judgment in the appeal filed by Senator David Mark, the National Chairman of the African Democratic Congress (ADC), challenging the jurisdiction of courts to intervene in the internal affairs of the political party. The decision was announced on Wednesday after a five-member panel of the apex court, led by Justice Garba Mohammed, heard arguments from legal representatives of both parties.
Arguments Presented by Legal Counsel
During the proceedings, Jibrin Okutepa, SAN, representing Senator David Mark, urged the Supreme Court to allow the appeal. He referenced a previous judgment from March 21, 2025, where the apex court held that "no court has jurisdiction to entertain cases bordering on internal affairs of political parties." Okutepa argued that this precedent should apply, asserting that the trial court lacked jurisdiction to hear a suit concerning ADC's internal matters.
In opposition, Robert Emukpero, SAN, representing the first respondent, Hon Nafiu Gombe, called on the Supreme Court to reject the appeal and uphold the lower court's judgment. The lower court had dismissed Mark's case as premature, a decision that was later affirmed by the appellate court.
Background of the Legal Dispute
The conflict stems from an earlier ruling by a three-member panel of the appellate court, which dismissed David Mark's appeal challenging the jurisdiction of Justice Emeka Nwite of the Federal High Court in Abuja. The appellate court found the appeal not only premature but also filed without the necessary leave of the trial court. Consequently, the matter was ordered to return to the trial court for expedited hearing, with parties instructed to maintain the status quo ante bellum.
Following this order, the electoral umpire de-recognized the Mark-led leadership of the ADC, pending a court resolution to determine the party's authentic leadership. Dissatisfied with this outcome, Mark approached the Supreme Court to challenge both the appellate court's ruling and an order staying the maintenance of the status quo.
Court Proceedings and Future Steps
Instead of addressing the motions filed in the appeal, the Supreme Court directed all parties to submit their briefs of argument for and against the appeal. After considering these submissions and hearing oral arguments, Justice Garba Mohammed announced that judgment has been reserved. The specific date for the judgment will be communicated to the parties involved at a later time.
This case highlights ongoing legal debates over the extent of judicial intervention in political party affairs, with significant implications for the ADC's leadership structure and internal governance. The Supreme Court's forthcoming decision is eagerly awaited by political observers and legal experts alike.
