File image: Former Senate President David Mark, former Osun State governor Rauf Aregbesola, former Vice President Atiku Abubakar.
…. seeks quick delivery of Supreme Court judgment
By Ikechukwu Nnochiri, ABUJA
The African Democratic Congress (ADC) on Tuesday wrote to the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, to demand quick delivery of judgment in the leadership crisis threatening its political fortunes.
The party, which is home to a coalition of frontline opposition figures in the country, lamented that without the Supreme Court delivering its judgment within the next three days, it would face the grave and irreversible risk of being excluded from participating in the 2027 general elections.
The letter, dated April 28, which was written by the Senator David Mark-led faction of the ADC, drew the attention of the CJN to the elections timetable and schedule of activities that were earlier released by the Independent National Electoral Commission (INEC).
Insisting that the ADC’s ability to participate in the general elections would be wholly dependent on the timely delivery of judgment in the appeal before the apex court, the party warned that its exclusion would amount to disenfranchising millions of Nigerians.
The letter, titled “RE: SUIT NO: 8SC/CV/180/2026: SENATOR DAVID MARK -VHON. NAFIU BALA GOMBE & 4 ORS A PASSIONATE PLEA FOR THE TIMELY DELIVERY OF THE JUDGMENT IN THE ABOVE MENTIONED APPEAL TO FORESTALL THE IMPENDING IRREPARABLE HARM TO CONSTITUTIONAL RIGHT OF AFRICAN DEMOCRATIC CONGRESS (ADC) TO PARTICIPATE IN THE 2027 GENERAL ELECTIONS,” which was signed by counsel to the faction, Mr. Shuaibu Aruwa, SAN, read in part:
“We are Counsel to the African Democratic Congress, ADC, the 2nd Respondent in the above mentioned Appeal.
“My Lord, this appeal was graciously heard expeditiously on the 22 April, 2026, and judgment was thereafter reserved to a date to be communicated by the court.
“However, My Lord, we are most respectfully constrained to request my Lord’s kind intervention and directive in ensuring that the judgment is rendered timeously, having regard to INEC, the 4th respondent in the said appeal, purportedly acting pursuant to the judgment of the lower court in
Appeal No: CA/ABJ/145/2026 acted to remove or derecognise the leadership of the African Democratic Congress, ADC, leaving the ADC without leadership at the moment even though the ADC remains a recognised registered political party in Nigeria.
“My Lord, we also respectfully draw Your Lordship’s attention to the INEC timetable for the 2027 General Elections and the activities in readiness which have already commenced.
“Your Lordship would find attached copies of the INEC Press Release de-recognising the leadership of ADC and the Revised INEC Timetable for the 2027 General 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.
“Without the delivery of judgment within the next three days from the date of this letter, the ADC stands the grave and irreversible risk of being excluded from participating in the 2027 General Elections.
“This would disenfranchise millions of Nigerians who have subscribed to the ideals of the ADC and deny them their constitutional right to freely associate and contest elections through a political party of their choice.
“My Lord, we are mindful of the enormous responsibilities and workload of this Honourable Court.
“We are equally aware that justice delayed, in this peculiar circumstance, would amount to justice denied. The entire political future of our client and the legitimate expectations of its members nationwide now hang in the balance.
“We thank Your Lordships as we look forward for Your Lordships kind intervention.”
Meanwhile, the letter was received and endorsed by the office of the CJN on Tuesday.
It will be recalled that a five-member panel of the apex court, headed by Justice Mohammed Garba, had on April 22, reserved judgment in the leadership crisis rocking the ADC, after hearing from all parties.
The appeal, marked SC/CV/180/2026, was filed by Senator Mark.
The appellant prayed the court to set aside a March 12 Court of Appeal judgment, which he said was against the interest of justice.
He argued that the appellate court exceeded its jurisdiction by ordering maintenance of the status quo ante bellum in a suit filed by aggrieved party members led by Nafiu-Bala Gombe.
Mark contended that the dispute involves a political party’s domestic affairs, in which courts lack jurisdiction to intervene.
Besides Gombe, other respondents in the appeal include the ADC, the national secretary, Rauf Aregbesola, the INEC, and the immediate past national chairman of the party, Chief Ralph Nwosu.
Mark sought, among other reliefs, an order restraining INEC from recognising anyone other than him and the current national officers, pending determination of the appeal.
He also requested orders barring INEC from altering the party’s leadership structure as currently constituted and staying proceedings in Suit No. FHC/ABJ/CS/1819/2025 before Justice Emeka Nwite at the Federal High Court, Abuja, until the appeal is heard.
While adopting their brief of argument, Mark’s legal team, led by Mr Jubril Okutepa, SAN, insisted the dispute is a non-justiciable internal party matter, as previously held by the Supreme Court.
Although INEC did not file any process to either support or counter the appeal, all the other respondents, except Gombe, urged the apex court to allow the appeal.
They maintained that the trial court was properly seized of the facts of the case that is still pending before it.
INEC had removed Mark and Aregbesola from its portal and website as ADC National Chairman and Secretary, respectively, on April 1, citing the Court of Appeal’s judgment.
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.
Justice Nwite had, on April 14, adjourned sine die (indefinitely) the hearing of the substantive case that Gombe filed to sack the Senator Mark-led leadership of the ADC.
The trial judge said he could not proceed with the matter, in view of the related issue before the Supreme Court.
He ruled that proceeding would amount to “judicial rascality” while the related appeal is pending before the Supreme Court.
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