David Mark’s ADC Calls for Speedy Supreme Court Decision to Avoid Irreparable Damage
The African Democratic Congress (ADC) has appealed to the Chief Justice of Nigeria (CJN), Justice Kudirat Motonmori Kekere-Ekun, to ensure the swift delivery of judgment by the Supreme Court in the party’s protracted leadership dispute, warning that further delay could jeopardise its participation in the 2027 general elections.
In a letter dated April 28 and addressed to the CJN, the party said it risks “irreparable harm” if the apex court fails to deliver its verdict within the timeframe required for compliance with the Independent National Electoral Commission (INEC) timetable.
The Supreme Court had, on April 22, reserved judgment in the matter, stating that a date for delivery would be communicated to parties involved.
In the letter titled “A Passionate Plea for the Timely Delivery of Judgment… to Forestall Impending Irreparable Harm”, ADC’s counsel, Shuaibu Enejoh Aruwa, SAN, warned that the party could be effectively excluded from the electoral process without a timely ruling.
“Our client’s ability to comply with statutory requirements to participate in the 2027 general elections is wholly dependent on the timely delivery of judgment,” the letter stated.
“Without the delivery of judgment within the next three days… the ADC stands the grave and irreversible risk of being excluded from participating in the elections.”
The party further argued that such an outcome would disenfranchise millions of its supporters and undermine their constitutional right to political participation.
ADC noted that the crisis escalated after INEC, acting on a lower court ruling, de-recognised the party’s leadership, leaving it without a functional national structure despite remaining a registered political party.
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The party said it had attached relevant documents, including INEC’s notice and the revised election timetable, to underscore the urgency of the matter.
At the hearing on April 22, a five-member panel of the Supreme Court led by Justice Garba Mohammed reserved judgment after counsel adopted their final written addresses.
Counsel to the appellant, Jibrin Okutepa, SAN, representing Senator David Mark, urged the court to allow the appeal, arguing that the matter concerns internal party affairs, which courts lack jurisdiction to entertain.
He relied on a previous Supreme Court ruling which held that disputes relating to internal party matters are non-justiciable.
However, counsel to the first respondent, Robert Emukpero, SAN, representing Nafiu Bala Gombe, urged the apex court to dismiss the appeal and uphold the decision of the Court of Appeal, which found the case premature.
The Court of Appeal had earlier dismissed Mark’s appeal challenging the jurisdiction of the Federal High Court to hear the case, ruling that the appeal was filed without leave and was therefore incompetent.
It subsequently ordered that the matter be returned to the Federal High Court for accelerated hearing and directed parties to maintain the status quo.
Following that directive, INEC withdrew recognition of the party’s leadership pending judicial resolution, further deepening the crisis.
Dissatisfied with the appellate court’s decision, Mark approached the Supreme Court to challenge both the ruling and the order maintaining the status quo.
In its plea, ADC acknowledged the heavy workload of the Supreme Court but stressed that the peculiar circumstances demand urgent intervention.
“Justice delayed, in this instance, would amount to justice denied,” the party said, adding that the political future of the party and the expectations of its members nationwide now hang in the balance.
The Supreme Court is yet to announce a date for judgment.
By PRNigeria
