March 16, (THEWILL) — Officials of the African Democratic Congress, ADC, at the weekend had to clear the air about the current status of its leadership following an Appeal Court ruling in the ongoing leadership dispute in the party.
Following emerging reports through the weekend stating that the Court of Appeal in Abuja had “sacked David Mark as ADC National Chairman and affirmed Tinubu’s ally, Nafiu as authentic Leader,”the party had to assure its members that the current leadership was intact. For a party that received nine Senators defecting from the Peoples Democratic Party, PDP, Labour Party, LP and the All Progressives Congress, APGA, a day earlier, the news reports looked like a thunderbolt that could wreck months of efforts by the Mark-led National Working Committee, NCW, to revive and rebuild the party since it assumed control on July 2, 2025. The Senators who defected to the party on Thursday are Aminu Tambuwal, representing Sokoto South; Enyinnaya Abaribe (Abia South); Binos Yaroe (Adamawa South); Victor Umeh (Anambra Central); Tony Nwoye (Anambra North); Lawal Usman (Kaduna Central); Ogoshi Onawo (Nasarawa South); Austin Akobundu (Abia Central); and Ireti Kingibe (Federal Capital Territory).
Reacting swiftly to the development, National Publicity Secretary, Mallam Bolaji Abdullahi, said the Court of Appeal ruling in the ongoing leadership dispute within the party effectively leaves its current leadership intact, urging members and the public to disregard misleading interpretations of the judgment. He explained that the appellate court dismissed the appeal on procedural grounds and did not issue any order affecting the positions of Senator David Mark as National Chairman and Ogbeni Rauf Aregbesola as National Secretary.
He said, “The attention of members of the African Democratic Congress has been drawn to reports concerning the recent decision of the Court of Appeal of Nigeria in an appeal filed by the National Chairman of the ADC, Senator David Mark, in connection with the ongoing suit instituted against the party’s leadership at the Federal High Court of Nigeria.” He further said that having carefully studied the judgment, the party could say conclusively and unequivocally that the Court of Appeal did not determine the substantive dispute regarding the leadership of the ADC.
“The case challenging the emergence of Senator David Mark as National Chairman and Ogbeni Rauf Aregbesola as National Secretary is still pending before the Federal High Court and has not yet been heard or decided on its merits. Members of the African Democratic Congress are therefore advised not to panic or be misled by misinterpretations of the judgment, he said, adding, “The ruling of the Court of Appeal is purely procedural and does not affect the legitimacy or tenure of the current national leadership of the party. The party remains united and focused despite the antics of anti-democratic forces bent on imposing a one-party rule on Nigeria.”
In reality, however, the former President of the Senate, Mark had challenged the September 4, 2025, ruling of Justice Emeka Nwite of the Federal High Court, Abuja, which declined to grant injunctive relief sought in an ex parte application filed by a party chieftain, Nafiu Bala Gombe.
Gombe, a former Deputy National Chairman of the ADC is laying claim to the party’s leadership. He had filed the ex parte application alongside a substantive suit challenging, among other things, the emergence of Mark as National Chairman and Aregbesola as National Secretary of the party. He also sought orders restraining the Independent National Electoral Commission (INEC) from recognising Mark and Aregbesola as leaders of the party.
When the application was moved on September 4, 2025, Justice Nwite declined to grant the ex parte reliefs and instead directed that the respondents be put on notice to show cause why the orders sought should not be granted. The respondents in the suit include the ADC, Mark, Aregbesola, INEC, and ex-National Chairman, Chief Ralph Nwosu.
Mark disputed the ruling and approached the Court of Appeal to argue that the trial judge had effectively refused the ex parte application and therefore, lacked the jurisdiction to entertain it further.
In his contention, the ruling by the lower court suggested the parties be put on notice and the enrolled order indicated that the application had been refused. Brushing aside the argument of Mark’s counsel a three-member panel of the Court of Appeal, led by Justice Uchechukwu Onyemenam, reportedly upheld a preliminary objection raised by Gombe through his legal team, led by Luka Musa Haruna (SAN), challenging the competence of the appeal. Gombe is asking the court, among other reliefs, to void the emergence of the Mark-led leadership of the ADC.
According to Justice Onyemenam the appeal was incompetent because it was based on issues not reflected in the trial court’s actual ruling, noting that the jurisdictional question raised by Mark was already the subject of a preliminary objection pending before the trial court and had not yet been determined.
According to the appellate court, it could not review an issue that had not first been decided by the lower court. The judge further held that Mark’s claim that Justice Nwite refused the ex parte application was not borne out by the ruling read in open court.
Justice Onyemenam also faulted Mark for relying on the enrolled order prepared by the court’s registrar rather than the judge’s ruling, stressing that the authentic record of a court’s decision is the one pronounced by the judge. The Judge held that the appeal was invalid because it was filed without obtaining the required leave of court, noting that the order directing parties to be put on notice was merely an interlocutory exercise of the trial judge’s discretionary powers in managing proceedings.
Before dismissing the appeal as lacking in merit, Justice Onyemenam explained that an order on the leave of court could only be appealed against with the leave of either the trial court or the Court of Appeal. She therefore dismissed the appeal as lacking merit and awarded costs of N2 million against Mark, while she also ordered an accelerated hearing of the substantive suit pending before the Federal High Court. It directed all parties to maintain the status quo pending the determination of the case.
Forging ahead, the party has fixed April 14, 2026, for its National Convention as the party begins a series of congresses nationwide to renew its leadership structures ahead of the 2027 general elections.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
