The Supreme Court is set to hear an appeal on Tuesday from Senator David Mark, the embattled National Chairman of the African Democratic Congress (ADC).
Mark is seeking a stay of execution on a Court of Appeal judgment delivered on March 12.
According to a hearing notice (SC/CV/180/2026) issued to all parties on Friday, the proceedings for Mark vs. Hon. Nafiu-Bala Gombe and four others are scheduled for April 14.
Interestingly, this date coincides with a previously scheduled hearing before Justice Emeka Nwite at the Federal High Court in Abuja.
Given the judicial hierarchy, the lower court is expected to step down or adjourn its proceedings until the Supreme Court reaches a decision.
Mark, the appellant in the appeal, had named Hon Nafiu-Bala Gombe, ADC, Ogbeni Rauf Aregbesola, Independent National Electoral Commission (INEC) and Chief Ralp Nwosu as 1st to 5th respondents, respectively.
Through his counsel, Realwan Okpanachi, Senator David Mark has filed a motion requesting the Supreme Court to halt the execution of the Court of Appeal’s March 12 judgment.
Mark is seeking to prevent INEC from recognizing any alternative leadership or altering the current ADC national structure until his appeal is resolved.
In addition to protecting his position as National Chairman, the former Senate President is asking the apex court to pause proceedings in the related suit (FHC/ABJ/CS/1819/2025) currently before Justice Nwite.
The motion, built on a 12-ground argument, is based on the 1999 Constitution and the Supreme Court’s inherent jurisdiction, aiming to preserve the party’s current leadership status quo.
He said Mark, being dissatisfied with the said judgment, filed a notice of appeal to the Supreme Court on March 16 and the record of appeal was duly compiled and transmitted on March 31.
According to the lawyer, the appeal has been duly entered before this honourable court as appeal number: SC/CV/180/2026.
He said one of the orders made by the Appeal Court was that parties should maintain status quo ante bellum.
“The 1st respondent (Gombe) has been relying on the said order to write to the 4th respondent (INEC), urging it to refrain from dealing with or recognising the appellant (Mark) and other national officers of the 2nd respondent (ADC).
“The actions of the 1st respondent (Gombe) amount to attempted enforcement of the judgment of the Court of Appeal,” he said.
The lawyer, however, said Mark had filed a competent appeal, challenging the entire judgment of the Court of Appeal.
“Unless this application is granted, the judgment of the Court of Appeal will be enforced and the appeal rendered nugatory.”
Okpanachi, who submitted that the appeal had raised substantial and arguable issues of law, stated that the balance of justice favours the grant of the application.
“It is in the interest of justice to preserve the res and protect the authority of this honourable court,” he prayed.
INEC had, on April 1, removed the names of Mark and Aregbesola from its official portal and website as ADC’s national chairman and national secretary, respectively, following the Appeal Court’s judgement.
In reaction to INEC’s decision, Mark filed a motion on notice before Justice Nwite on April 7 by his new lawyer, Sulaiman Usman, SAN, praying the court to order the commission to restore their names as they were, prior to the institution of the suit by Gombe.
He also sought an order for accelerated hearing of the case and the judge fixed April 14 for hearing.
NAN reports that Gombe, in the suit marked: FHC/ABJ/CS/1819/2025, at the FHC had sued ADC, Mark, Aregbesola, INEC and Nwosu as 1st to 5th defendants respectively.
Nwosu was the former ADC National Chairman who stepped down for David Mark’s leadership.
Gombe, who was former National Deputy Chairman of ADC, had urged Justice Nwite to restrain Mark and Aregbesola from further parading themselves as national chairman and national secretary of the party.
The aggrieved ex-deputy national chairman had argued that the emergence of Mark and Aregbesola as party’s leaders breached the provisions of the party’s constitution and the Electoral Act.
The judge had, on Sept. 4, 2025, declined to grant an ex parte motion filed by Gombe, seeking to stop Mark-led leadership of the ADC, pending the hearing of his substantive suit.
Nwite had refused the three prayers sought in the ex parte motion filed by Gombe and moved by his lawyer, Michael Agber.
Rather, the judge had directed Gombe, the plaintiff in the suit, to put all the defendants on notice to show cause why the motion should not be granted.
The case has been adjourned until Sept. 15, 2025.
The Mark-led ADC challenged the lower court’s jurisdiction at the Court of Appeal. In response, the appellate court ordered all parties to return to the trial court and maintain the status quo while the case is being decided.
Author
Leave a comment