ADC: Supreme Court In Make Or Mar Judgement

The much awaited judgement over the leadership dispute in the African Democratic Congress (ADC) and the Peoples Democratic Party (PDP)  will be delivered today.

The Director of Information of the Supreme Court, Dr Festus Akande, confirmed the date while speaking with Daily Trust.

A five-member panel of justices presided by Justice Mohammed Lawal Garba, had on April 22, reserved the matter for judgement after all parties involved argued their filed processes.

The ADC appeal was brought by National Chairman, David Mark, and a faction over the leadership of the party while the PDP appeal was brought by the Kabiru Turaki-led executive challenging the verdicts of two high courts and the Court of Appeal in Abuja, nullifying its national convention in Ibadan on November 15 and 16, 2025, in favour of the faction loyal to the FCT Minister Nyesom Wike.

Since the announcement, the political atmosphere became charged as the ADC has become the major opposition political party in Nigeria with the second highest number of federal legislators and most prominent presidential aspirants.

Presidential hopefuls like former vice president, Atiku Abubakar; 2023 presidential candidates, Peter Obi and Rabiu Musa Kwankwaso as well as former governors Rotimi Amaechi and Rauf Aregbesola are all leaders of the party.

The PDP, after losing the presidential elections in 2015, remained the leading the opposition party, but yielded the position to the ADC due to protracted internal crisis. However, the Turaki-led faction, with two sitting governors  is also upbeat about fielding a presidential candidate for the 2027 elections.

Analysts say any judgement that truncates their right to contest the 2027 election would take the sail out of the current election programme as all other opposition parties are also battling with internal crises.

It would be recalled that after the apex court led by Justice Mohammed Garba had reserved the matter for judgement after parties adopted their final written addresses, the ADC led by Senator David Mark on Tuesday, wrote to the Chief Justice of Nigeria (CJN) for his intervention to ensure  speedy dispensation of the matter, saying time is not on its side.

The Mark-led faction of the ADC said the development would deny the constitutional right of millions of Nigerians to contest the elections under the platform of the party.

The letter reads in part: “However, My Lord, we are most respectfully constrained to request for my Lord’s kind intervention and directive in ensuring that the judgement is rendered timeously having regard that INEC the 4th Respondent in the said Appeal purportedly, acting pursuant to the judgement of the lower court…

“My Lord, we also respectfully draw Your Lordship’s attention to the INEC Timetable for the 2027 General Elections and the activities in readiness which have already commenced.

“Without the delivery of judgement within the next three days from the date of this letter, the ADC stands the grave and irreversible risk of being excluded from participating in the 2027 General Elections”.

Background

Mark, who leads a faction of the party, is challenging the March 12 judgement of the Court of Appeal, which ordered parties to maintain the status quo ante bellum in the dispute.

In his appeal, the former Senate President argued that the appellate court exceeded its jurisdiction and insisted that the crisis bordered on internal party affairs, which courts lack powers to adjudicate.

The suit was initiated by aggrieved party members led by Nafiu Bala Gombe, who is contesting the legitimacy of the Mark-led leadership of the party.

Other respondents in the appeal are; the ADC, its National Secretary, Rauf Aregbesola, the Independent National Electoral Commission, and a former national chairman, Ralph Nwosu.

Mark is also seeking an order restraining INEC from recognising any leadership other than his faction, pending the determination of the appeal.

However, the respondents urged the apex court to dismiss the appeal, maintaining that the lower court was properly seized of the matter.

In a letter dated April 28, 2026 and signed by Shaibu Enejoh Aruwa, ADC counsel, the Mark-led faction said if the judgement of the apex court is not delivered within the next three days, the ADC “stands the grave and irreversible risk of being excluded from participating in the 2027 General Election”.

Federal High Court bars INEC from recognising ADC leadership

As judgement was being expected, a Federal High Court in Abuja, yesterday, barred the Independent National Electoral Commission (INEC) from recognising or participating in any state congress organised by a disputed caretaker leadership of the African Democratic Congress (ADC).

Justice Joyce Abdulmalik, who gave the order on Wednesday, also restrained the David Mark-led national executive of the party from interfering with the functions and tenure of elected state executives, as the duty of conducting state congresses, rests on the state executive committee and not the national executive committee.

The ruling followed an originating summons filed by Norman Obinna and six others on behalf of ADC state chairpersons and executive committees.

They challenged the legality of actions taken by a caretaker or interim national leadership.

The aggrieved members argued that the caretaker body lacked the constitutional authority to organise state congresses or appoint committees for that purpose while asking the court to affirm their tenure and stop any parallel process.

In her judgement, Justice Abdulmalik noted that she found “the issue in the originating summons meritorious,” adding that the main issue was whether the Mark-led caretaker executive had the constitutional or statutory authority to assume the powers of an elected state organ of the ADC, whose tenure is constitutionally guaranteed.

According to her, Section 223 of the Nigerian Constitution, 1999 provides that political parties shall conduct periodic elections on a democratic basis, while Article 23 of the party’s constitution provides that national and state officers shall hold office for a maximum of two terms of eight years.

Therefore, she observed that “the question is whether there is any infraction committed by Mr Mark and co-defendants when they convened meetings and appointed a body known as a congress committee to organise state congresses.”

On the issue of internal affairs of political parties raised by the defendants, she noted that “the law is settled that courts will not interfere. However, where there is an allegation of breach of constitutional or statutory provisions, the court has a duty to intervene.

The suit was brought by Obinna and six others on behalf of state chairmen and executive members of the ADC.

Those joined as defendants include David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor and INEC.

ADC can conduct congresses or appeal – Lawyers

Reacting, Sam Ogala Esq said it is the decision of the ADC to either go on appeal or put their house in order by going to conduct fresh state congresses within the time provided by INEC.

Similarly, Adam Abdulkadir, Esq said the ADC must act with immediate urgency by filing a notice of appeal against the judgement of the Federal High Court of Nigeria and, more critically, securing a stay of execution.

“An appeal alone does not suspend the effect of the judgement. Without a stay, the decision remains fully operative, effectively nullifying the legal foundation of the party’s current leadership. This exposes party executives to being treated as illegitimate actors, with no lawful authority to act on behalf of the party,” he said.

“Consequently, any administrative or electoral steps taken in the interim including preparations for primaries or candidate nominations risk being declared void. The stay of execution is therefore indispensable, serving as a legal safeguard to preserve the status quo pending the determination of the appeal.”

ADC: We are reviewing judgment

The African Democratic Congress (ADC) under the leadership of Senator David Mark, in a swift reaction  to the Wednesday judgment of the Federal High Court, said they are reviewing the matter.

The National Publicity Secretary of the party, Malam Bolaji Abdullahi, in a statement said, before now the party held off the inauguration of the state chairmen until the end of the tenure of those in office.

He said, “the attention of the African Democratic Congress (ADC) has been drawn to media reports that the Federal High Court, presided over by Hon. Justice Joyce O. Abdulmalik has sacked the elected, but yet to be inaugurated, state chairmen of our party.”

ADC said, “It would be recalled that we issued a statement shortly after the congresses stating that the congresses have not truncated the tenure of the current State Executive, which would run its full course before the newly elected State Executives are inaugurated”.

He said the tenure of the current state leadership would run its full course before the newly elected state executives are inaugurated.

Abdullahi, however, said following the judgement of the court, the leadership of ADC has instructed its legal team to review the judgement and advise the party appropriately.

‘Court ruling pushing Nigeria to one-party state’

A political scientist at Bayero University Kano (BUK), Professor Kamilu Sani Fage, has warned that Nigeria risks sliding into a one-dominant party system following Wednesday’s court ruling barring INEC from recognising congresses conducted by the ADC.

Speaking to Daily Trust, Prof Fage described the development as unprecedented, noting that it combines both legal instruments and state power to weaken opposition parties.

He said this trend could deny Nigerians the opportunity to elect leaders of their choice.

“This is the first time in history when laws are used at such a level to take such kind of action. What it portends is that we are gradually moving towards a one-dominant party system where only one party is so dominant, and the others are weakening to the extent that they will not make any effective show in the elections,” he said.

The scholar warned that the absence of credible opposition would erode democratic checks and balances, paving the way for authoritarian tendencies.

“When attempts were made to muzzle the opposition, elections became a border affair, and it degenerated into violence,” he recalled, adding that voter apathy or even revolt could follow if citizens feel deprived of genuine choices at the polls.

On the fate of the ADC, Prof. Fage noted that while the party has the option of appealing the judgement, time is against them with barely 12 days left before INEC’s deadline.

He suggested that seeking to field candidates under another party might be an alternative, though fraught with challenges.

‘Nigeria has never witnessed this scenario before’

Ezekiel Major Adeyi, professor of governance, identity politics and development communication at the University of Jos, said Nigeria has never experienced a scenario where only the ruling party is likely to contest a general election.

“The truth is, we have not seen this in our history,” Adeyi said. “We are witnessing a new, dangerous trick that threatens nation-building, national unity, and democracy. For a country like this, it is a time bomb. It is bad for political development”.

Addressing concerns about the judiciary, he added: “To clear public doubt: Is the court giving wrong judgements? The answer is no. From a political standpoint, we know there are political forces causing setbacks for opposition parties, and that is not good for democracy.

“If you contest an election, allow others to contest so you can legitimise your victory. When you create conditions that disenfranchise people, your mandate lacks popular support. If this continues, we risk becoming like Cameroon, Gabon and other African countries with one-party dominance,” he added.

Aspirants speak

The African Democratic Congress  (ADC) governorship aspirant in Nasarawa State, Jibrin Sabo Keana, raised concerns over the delay by the Supreme Court in delivering judgement, warning that the development has implications for Nigeria’s democratic process.

He said the delay would not affect his aspiration as his ambition is tied to the people’s interest. “My aspiration is the aspiration of the people of this country. And it is all fused together. If there is no process, free process for people to participate, how does your individual interest come to play?”

Speaking in an interview with Daily Trust, Keana said while “justice delayed is justice denied,” the current situation is “awakening the people of Nigeria from slumber.”

He expressed confidence that the apex court would rule in line with the law. “I believe that at the end of the day, first and foremost, justice will be delivered according to the laws of this country. We still believe that the Supreme Court, being the apex court of the land will deliver justice in a simple matter that is just almost procedural.”

“So I don’t have any fears for the ADC and all other parties participating in the next processes… the delayed justice is more activating us to ensure that nobody denies us our right to do what is right as citizens of this country,” he added.

He said party leaders were surprised that the court did not deliver judgment at its last sitting.

On his preparedness for the outcome, Keana maintained that process must come before politics. “You are placing the cart before the horse. You have to have an enabling atmosphere for democracy and democratic processes to thrive… Those are secondary issues.”

The Sokoto Central Senatorial candidate of the ADC, Abubakar Muhammad Chika Mairago,  accused the administration of President Bola Ahmed Tinubu of using the judiciary to suppress opposition parties, warning that such actions could undermine Nigeria’s democracy.

Mairago, who spoke in an interview with Daily Trust on Wednesday, said recent developments, including a Federal High Court ruling which barred INEC from recognizing ADC congresses has affected his party, suggesting that, it was done deliberately to weaken opposition voices, rather than allow a level playing field.

He argued that democracy thrives where opposition parties are allowed to operate freely, drawing a comparison with the United States.

“If it were not democracy, former President Donald Trump would not have had the opportunity to return to power. That is the same system we claim to practise. So why deny opposition parties the space to compete?” he said.

The former senatorial candidate, who contested in the 2023 general election, expressed concern over what he described as persistent efforts to destabilise political platforms gaining public support.

“We were in PDP and certain forces disrupted us. We moved to ADC and people are embracing the party, yet there are moves to cripple it. Why are Nigeria’s leaders afraid of opposition,” he queried.

He urged the judiciary to remain impartial and ensure fairness in rulings involving political parties.

“Let the courts examine the facts and explain what offence ADC committed to deserve being denied participation. We should be allowed to contest freely with the ruling party,” he added.

Another aspirant vying for the position of House of Representatives for Hong/Gombi federal constituency in Adamawa State, Hyellagiziya Naiwa Fakuta, under the ADC alleged that the problems bedeviling the party is allegedly stage-managed by the opposition ruling party.

Nigeria has no history of single party – Prof Ojo

A political scientist, Prof Emmanuel Ojo, said Nigeria has never had a situation where a single party dominated the political space.

Speaking with Daily Trust on the ADC and other opposition parties’ crises, Ojo said the ruling APC is already going into the next election like a sole political party.

He said, “In the history of Nigeria; in pre-colonial, colonial and post-colonial Nigeria, it has never been for a single political party, either at regional level or at national level to dominate the political space.

“So, it should be a very dangerous trend. When National Party of Nigeria, NPN, tried it, the party ran into problem.

“So, when PDP too was boasting that they will be ruling for long, they ran into trouble. We keep our fingers crossed, pending the Supreme Court judgement tomorrow (today).”

He said while awaiting the Supreme Court’s ruling on Thursday, the latest judgement barring the INEC from recognising the convention of the David Mark-led faction means “crisis continues.”

The former Chief of Staff during Governor Abiola Ajimobi’s government in Oyo State, said the coming together of opposition parties is the way to go.

He, however, expressed fear that the party to be adopted will determine whether or not they will win in the next election.

Ojo said, “Opposition elements are working on alternatives. But if there are 50 political parties, they still have to adopt a platform, whether PRP or whatever.

“But my fear for them is that any platform adopted at the eleventh hour, if it is not a popular platform, it becomes difficult for the electorate to quickly recognize the logo of the party”.

Court order on INEC prejudicial, says lawyer

A Kano-based lawyer, Abba Hikima, has criticised the Federal High Court order restraining the Independent National Electoral Commission (INEC) from participating in activities of a faction of the African Democratic Congress (ADC), describing it as “prejudicial” and potentially harmful to Nigeria’s democracy.

Hikima said the court’s decision to bar the Independent National Electoral Commission (INEC) from recognising or taking part in congresses organised by one of the factions could worsen the situation rather than resolve it.

He argued that provisions of the Electoral Act discourage courts from interfering in the internal affairs of political parties, noting that such matters are better handled within party structures or addressed after the fact through judicial review.

Hikima warned that the ruling may inadvertently prolong the internal crisis within the ADC and undermine efforts to stabilise the party ahead of future elections.

On the broader implications, the lawyer expressed pessimism about the party’s chances of surviving the crisis, citing both legal and political pressures.

Hikima advised opposition leaders within the ADC to explore political solutions to the crisis and consider alternative strategies if the situation persists.

“For democracy to thrive, there must be a robust opposition. They should not put all their eggs in one basket; there should be contingency plans,” he added.

The ADC has been embroiled in internal disputes involving rival factions, raising concerns about its stability ahead of the next electoral cycle.

‘ADC crisis political, not legal’

A political analyst, Saidu Ahmad Dukawa, described the ongoing crisis within the African Democratic Congress (ADC) as “unfortunate,” warning that taking internal party disputes to court could weaken opposition politics in Nigeria.

Dukawa, who spoke on recent developments surrounding the party, said the situation reflects desperation within sections of the political class, stressing that political disagreements should be resolved through dialogue rather than litigation.

“In the first place, I see the development as an unfortunate one in the sense that a purely political matter, which is supposed to be addressed politically, had to be taken to court and be adjudicated legally,” he said.

He warned that the approach could undermine democratic processes and further deepen divisions within opposition ranks ahead of future elections.

The analyst advised the ADC to prioritise unseating the ruling All Progressives Congress (APC) rather than focusing on internal power struggles, noting that unity would be critical to its survival.

According to him, if members are driven by personal ambitions, internal conflicts could escalate and weaken the party’s chances of mounting a credible challenge.

“But if they consider their primary objective as removing APC from power, then they will have the opportunity and the advantage of uniting,” he said.

The analyst further called on opposition parties to intensify grassroots mobilisation, protect votes, and close loopholes that could undermine electoral integrity.

Elections won’t hold without ADC on the ballot – Nwosu

Former National Chairman of the ADC. Ralph Nwosu, has declared that the 2027 elections will not hold if the party is not on the ballot.

Nwosu also declared that the opposition party has already secured the required numbers to take over from the ruling All Progressives Congress, APC at the centre.

Speaking on Wednesday in Abuja at the party’s secretariat during the ADC Youths Champion and Prospective Legislative Summit, organised by the office of the National Youth Leader, the ADC founding father said with coalition the party recorded phenomenal achievements, adding that up till Tuesday’s evening some serving senators in the ruling APC and other parties were indicating interest to join the party.

Nwosu disclosed that in taking over ADC, the coalition did everything right and nothing was done wrong, blaming the current challenges facing the party on the existing culture of impunity in Nigeria’s politics.

“The culture in place is dirty. It’s very difficult to change the culture but we will continue working hard to do so. You don’t need a million people to do it; you just need a few determined minds.

“The statistics are already there in our portal. I think we’re already recording over 5 million people who are desirous to pay money and to become members of the ADC. By the time the registration will close down, if it has not closed down, we will have minimum of 11 million people that are ready to contribute money.

“All I know is that Tinubu and Amupitan cannot conduct any election in this country if ADC is not on the ballot,”he said. (Daily trust)