The African Democratic Congress (ADC) has appealed to the Chief Justice of Nigeria (CJN) to ensure the urgent delivery of judgment in a leadership dispute that the party says could jeopardize its participation in the 2027 general elections.
In a letter dated April 22, 2026, counsel to the party, S.E. Aruwa, SAN, warned that any delay by the Supreme Court in delivering judgment could expose the ADC to what he described as a “grave and irreversible risk” of exclusion from the polls. The appeal, marked SC/CV/180/2026 between Senator David Mark and Hon. Nafiu Bala Gombe alongside four others, was heard by the apex court on April 22, with judgment subsequently reserved for a later date.
INEC Action Sparks Crisis
According to the letter, the Independent National Electoral Commission (INEC), allegedly acting on the strength of an earlier Court of Appeal judgment in Appeal No. CA/ABJ/145/2026, had moved to de-recognize the leadership of the ADC, thereby leaving the party without a recognized leadership structure. The senior lawyer argued that the development has created a constitutional and political crisis capable of crippling the party’s preparations for the 2027 elections.
“My Lord, 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 letter stated. Aruwa further warned that unless the apex court delivers judgment within days, millions of Nigerians aligned with the party risk being disenfranchised. “This would deny them their constitutional right to freely associate and contest elections through a political party of their choice,” he added.
Electoral Timetable Concerns
The party also drew the attention of the CJN to INEC’s revised timetable for the 2027 general elections, noting that key electoral activities had already commenced and that the absence of a recognized leadership could prevent the ADC from meeting critical statutory deadlines. While acknowledging the workload of the Supreme Court, the party maintained that “justice delayed, in this peculiar circumstance, would amount to justice denied.”
The letter, which has surfaced on social media, marks the latest twist in the legal and political battle over the control and recognition of the ADC leadership ahead of the 2027 electoral cycle.
Supreme Court Reserves Judgment
Recall that the apex court had reserved its judgment in the appeal brought by the National Chairman of ADC, Senator David Mark, challenging the jurisdiction of the court to intervene in the internal affairs of the ADC. A five-member panel of the apex court led by Justice Garba Mohammed reserved the judgment after lawyers representing parties adopted their briefs of argument for and against the appeal.
Jibrin Okutepa, SAN, who represented David Mark, in urging the court to allow the appeal, submitted that the apex court had, on March 21, 2025, put an end to the issue before the court when it held that “no court has jurisdiction to entertain cases bordering on internal affairs of political parties.” Okutepa therefore urged the apex court to allow the appeal and hold that the trial court lacked the jurisdiction to entertain a suit bordering on the ADC’s internal matters.
Respondent’s Argument
Robert Emukpero, SAN, who represented the 1st respondent, Hon. Nafiu Gombe, however, urged the apex court to reject the appeal and affirm the judgment of the lower court, which held that the case of the appellant was premature and dismissed it. A three-member panel of the appellate court had dismissed the appeal of David Mark challenging the jurisdiction of Justice Emeka Nwite of the Federal High Court, Abuja, to entertain the suit by Gombe against the leadership of the ADC.
The appellate court in its decision held that the appeal was not only premature but was brought without leave of the trial court. The appellate court subsequently ordered that the matter be returned to the trial court for expeditious hearing, adding that parties should maintain status quo ante bellum. Following the order of status quo, the electoral umpire subsequently de-recognized the leadership of the Mark-led leadership, pending the resolution of the authentic leadership of the ADC by the court.
Dissatisfied, Mark approached the apex court to challenge the ruling of the appellate court as well as an order staying the order for maintenance of status quo ante bellum. Rather than taking the motions filed in the appeal, the apex court directed parties to file their briefs for and against the appeal. After taking arguments from the parties, Justice Garba announced that judgment is reserved to a date that would be communicated to parties.
