ABUJA – The Supreme Court has set aside the Court of Appeal order that directed the African Democratic Congress (ADC) to maintain status quo ante bellum pending the resolution of the party’s leadership crisis, but stopped short of delivering a final verdict on who legitimately leads the opposition party.
In a unanimous decision by a five-member panel headed by Justice Mohammed Lawal Garba, the apex court held that the Abuja Division of the Court of Appeal acted beyond its jurisdiction by unilaterally issuing such an order after it had already dismissed a case brought before it by one of the factions.
“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the Supreme Court ruled.
The court allowed Senator David Mark’s appeal in part, while dismissing the aspect that challenged an ex parte order issued by the Federal High Court for service of processes in a suit filed by aggrieved party members. The justices directed all factions to return to the trial court for continuation of the hearing.
The ruling effectively restores the Mark-led executive as the interim leadership of the ADC, but legal experts note this is only a temporary reprieve. The substantive question of who legitimately controls the party remains unresolved, pending the trial court’s final judgment.
The decision carries urgent practical implications. The Independent National Electoral Commission (INEC) had previously removed Mark and Rauf Aregbesola from its portal as ADC National Chairman and Secretary, respectively, on April 1, citing the Court of Appeal’s judgment. The electoral body had said it would not recognize any warring faction until the legal dispute was determined.
Now, with INEC’s May 10 deadline for political parties to submit their membership registers ahead of the 2027 general elections just days away, the ADC faces a race against time. Any dispute over the legitimacy of the party’s leadership could complicate the submission process, risk parallel filings, or attract regulatory sanctions.
For now, the Mark-led faction holds the upper hand. But as one legal observer put it: the ADC may have won a battle, however, the larger war over its leadership and organizational stability is far from over.


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