Supreme Court reserves judgment in David Mark’s appeal over ADC leadership dispute

The Supreme Court on Wednesday reserved judgment in an appeal filed by David Mark, the National Chairman of the African Democratic Congress (ADC), challenging the jurisdiction of courts to interfere in the internal affairs of political parties.

A five-member panel of the apex court, led by Garba Mohammed, announced that judgment would be delivered on a later date after hearing arguments from counsel representing all parties involved in the case. The decision to reserve judgment followed the formal adoption of briefs of argument by the legal teams both supporting and opposing the appeal.

Counsel to the appellant, Jibrin Okutepa (SAN), urged the court to allow the appeal, arguing that the issue had effectively been settled by a prior Supreme Court ruling delivered on March 21, 2025.

He maintained that the apex court had clearly held that courts lack jurisdiction over matters concerning the internal affairs of political parties. Based on this precedent, Okutepa contended that the Federal High Court in Abuja, presided over by Emeka Nwite, should not have entertained the suit relating to the ADC’s internal leadership dispute.

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On the other hand, counsel to the first respondent, Robert Emukpero (SAN), representing Nafiu Gombe, asked the court to dismiss the appeal. He argued that the earlier decision of the lower court was sound, noting that the appellant’s case was premature and properly dismissed.

The dispute stems from an earlier ruling by the Court of Appeal, which had dismissed Mark’s challenge to the jurisdiction of the Abuja Federal High Court.

The appellate court held that the appeal was filed prematurely and without obtaining the required leave of the trial court. It subsequently ordered that the matter be returned to the lower court for accelerated hearing and directed all parties to maintain the status quo pending determination of the case.

Following that directive, the Independent National Electoral Commission (INEC) reportedly withdrew recognition of the ADC leadership under Mark, pending the final resolution of the legal battle.

Dissatisfied with the appellate court’s ruling and the implications of the status quo order, Mark approached the Supreme Court seeking to overturn the decision and halt its enforcement. Instead of immediately ruling on preliminary motions, the apex court instructed all parties to submit comprehensive briefs, paving the way for Wednesday’s hearing.

After listening to the arguments, Justice Mohammed stated that the court would communicate a date for judgment to the parties in due course.