Analysis: Supreme Court ruling restores David Mark’s leadership but leaves fundamental questions unanswered as INEC’s May 10 deadline looms.
By Olatunji Adesina
ABUJA — The Supreme Court has delivered a pivotal, albeit narrow, ruling in the protracted leadership battle within the African Democratic Congress (ADC). While the apex court’s decision to restore Senator David Mark as the National Chairman offers a momentary victory for his faction, the party remains entangled in a legal and administrative labyrinth that threatens its 2027 electoral ambitions.
The Verdict: A Jurisdictional Correction
In a unanimous decision led by Justice Mohammed Lawal Garba, a five-member panel of the Supreme Court vacated an earlier order by the Court of Appeal. The appellate court had previously directed all parties to maintain the status quo ante bellum—a directive that effectively stripped Mark of his recognition and led the Independent National Electoral Commission (INEC) to de-list his executive from its official portal on April 1.
The Supreme Court held that the Court of Appeal exceeded its jurisdiction by issuing such orders after it had already dismissed the substantive appeal before it. “Giving such an order in an appeal it had already dismissed was unnecessary and improper,” the apex court noted.
Victory or Intermission?
Despite the ruling, the “war” for the soul of the ADC is far from over. The Supreme Court did not rule on the legitimacy of the rival factions. Instead, it directed the warring groups—specifically the Mark-led coalition and the faction led by Nafiu Bala—to return to the Federal High Court for the continuation of the original trial.
This “return to sender” instruction means the Mark leadership is currently operating on an interim basis. Should the trial court eventually rule in favor of an opposing faction, any decisions made in the intervening period—including candidate selections or administrative appointments—could be legally voided.
The Shadow of the INEC Deadline
The timing of this legal flux could not be more precarious. INEC has mandated a May 10 deadline for all political parties to submit their updated membership registers in preparation for the 2027 general elections.
With multiple factions—including a third group led by Don Norman Obinna—vying for control, the ADC faces a logistical nightmare. If the party fails to present a unified and authenticated register by the deadline, it risks:
- Regulatory Sanctions: Rejection of the submitted documents by INEC.
- Parallel Submissions: Conflicting lists from different chairmen, which often leads to the total disqualification of the party from participating in upcoming cycles.
- Internal Atrophy: Continued litigation that drains party resources and deters potential defectors from other major parties.
A Precarious Future
For now, the Mark-led National Working Committee (NWC) has regained its seat at the table. However, with the substantive leadership case still pending at the lower court and the internal divisions widening, the ADC is a house divided against itself.
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While the Supreme Court has cleared the procedural brush, the party’s ultimate survival depends on whether its leaders can find a political solution before the gavel of the trial court, or the clock of the electoral commission, falls for the final time.
