… strikes out motion to stay execution of Appeal Court judgment

By Ikechukwu Nnochiri, ABUJA

The Supreme Court on Tuesday fixed April 22 to hear an appeal concerning the leadership crisis currently rocking the African Democratic Congress (ADC).

A five-member panel of the apex court, headed by Justice Mohammed Garba, adjourned the appeal marked SC/CV/180/2026 for hearing after ordering the Senator David Mark-led faction of the party to file and serve legal processes on all respondents within the next 24 hours.

According to the court, upon receipt of the processes, the respondents shall file their responses within three days.

The court held that the appellants shall have one day to reply to the respondents’ responses, stressing that filing and exchange of briefs by the parties must be completed before April 20.

Meanwhile, following the ruling, the Mark-led executives of the ADC, through their counsel, Mr. Jubril Okutepa, SAN, withdrew a motion they earlier filed to stay the execution of the Court of Appeal judgment that ordered the party to maintain the status quo ante bellum.

Okutepa noted that the motion was no longer needed since the apex court had expedited the hearing of the substantive appeal.

With the withdrawal of the motion, the apex court struck it out.

The court had expressed its readiness to hear the case on Tuesday had the parties filed the necessary processes.

“If parties were ready, we would have taken this appeal today. We need to deal with the appeal and not the motion. Ordinarily, this court does not grant an order of stay.

“The court is willing to deal with this case as soon as possible if the parties are ready,” Justice Garba held.

It will be recalled that the Mark-led faction of the ADC had approached the Supreme Court to challenge the March 12 judgement of the Court of Appeal, which they insisted was against the interest of justice.

They contended that the Court of Appeal acted beyond its jurisdiction when it ordered maintenance of the status quo based on a suit filed by aggrieved members of the party led by Nafiu-Bala Gombe.

According to the appellant, the matter concerned the domestic affairs of a political party, in which no court has the power to meddle.

Apart from Gombe, the other respondents in the appeal lodged by Mark were the African Democratic Congress (ADC), National Secretary Rauf Aregbesola, the Independent National Electoral Commission (INEC), and the immediate past national chairman of the party, Chief Ralph Nwosu.

The appellant (Mark) sought, among other things, an order restraining INEC from acting on the Court of Appeal’s judgement by recognising any person other than him and the existing national officers of the ADC, pending the hearing and determination of his appeal.

He also prayed the apex court for an order restraining INEC from tampering with the national leadership structure of the party as presently constituted and represented by him, pending the hearing and determination of the appeal.

He likewise sought an order staying further proceedings in Suit No. FHC/ABJ/CS/1819/2025, pending before Justice Emeka Nwite of the Federal High Court in Abuja, until the hearing and determination of the appeal.

It will be recalled that INEC had, on April 1, removed the names of Mark and Aregbesola from its portal and website as National Chairman and Secretary, respectively, of the ADC, basing its action on the Court of Appeal’s judgement.

The electoral body said it would, in line with the order for maintenance of the status quo ante bellum, not recognise any of the warring factions until the legal dispute is determined.

However, despite INEC’s action—which the Mark-led faction has asked the Supreme Court to nullify—the ADC vowed to proceed with its scheduled national convention.