ABUJA, FCT — By Prime Brief Media
The Supreme Court has vacated the Court of Appeal order that directed the African Democratic Congress to maintain status quo ante bellum in its protracted leadership crisis, in a landmark ruling that effectively restores the David Mark-led National Working Committee and clears the path for the opposition party to participate fully in the 2027 general election.
Delivering the unanimous judgment of a five-member panel headed by Justice Mohammed Lawal Garba on Thursday, the apex court held that the Abuja Division of the Court of Appeal had acted beyond its jurisdiction by issuing the maintenance of status quo order after it had already dismissed the substantive case brought before it by one of the warring factions.
"Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper," the Supreme Court held.
The apex court ruled that the appeal filed before it by former Senate President David Mark succeeded in part, even as it dismissed the aspect that challenged an ex parte order issued by the Federal High Court for service of processes in the suit filed by aggrieved members of the party. The court directed the factions to return to the trial court for continuation of hearing of the underlying case.
The judgment marks a decisive victory for the Mark-led faction, which has been locked in a bitter leadership struggle with a rival group led by Nafiu Bala Gombe, a former deputy national chairman of the party. The dispute had threatened to derail the ADC's preparations for the 2027 elections, with the Independent National Electoral Commission having withdrawn recognition of Mark and National Secretary Rauf Aregbesola from its portal and website on April 1.
At the time, INEC cited the Court of Appeal's judgment, stating that in line with the order for maintenance of status quo ante bellum, it would not recognise any of the warring factions until the legal dispute was finally determined.
The legal battle traces its roots to the Court of Appeal's ruling of March 12, 2026, which dismissed Mark's appeal against an earlier Federal High Court decision and directed all parties to maintain the status quo. Mark, through his counsel Jibrin Okutepa, SAN, argued that the appellate court acted outside its jurisdiction and that the crisis bordered on internal party affairs, which by precedent established by the Supreme Court on March 21, 2025, courts lack the power to adjudicate.
The respondents — including Gombe, Aregbesola, INEC, and former National Chairman Ralph Nwosu — had urged the apex court to dismiss the appeal, maintaining that the lower court acted within its powers.
Thursday's decision brings significant relief to the ADC, which has attracted high-profile political figures including former Vice President Atiku Abubakar, former Anambra State Governor Peter Obi, and former Governor Rotimi Amaechi, all positioning within the party ahead of the 2027 presidential contest. The ruling ensures the party will not face exclusion from the ballot over leadership uncertainties.
However, the Supreme Court's directive that the substantive case return to the trial court means the legal contest over the party's leadership has not been fully resolved. The Mark-led faction will now have to defend its position at the Federal High Court, even as it enjoys restored recognition to conduct party affairs and prepare for the general election.
The judgment was delivered alongside a separate ruling on a parallel leadership dispute in the Peoples Democratic Party, with both decisions widely seen as critical to shaping Nigeria's opposition landscape ahead of what is expected to be a fiercely contested 2027 election cycle.
Prime Brief Media continues to monitor the political and legal implications of this judgment and will provide updates as the case proceeds at the trial court.
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