The Supreme Court has vacated a Court of Appeal order that had previously directed all parties in the leadership dispute within the African Democratic Congress (ADC) to maintain the status quo ante bellum, in a ruling that reshapes the immediate legal and political landscape of the party’s ongoing crisis.
According to an “Updated Memorandum” circulated by an Independent Legal Advisor to party stakeholders, the apex court delivered a unanimous decision by a five-member panel headed by Justice Mohammed Lawal Garba in Appeal No. SC/CV/180/2026.
The Court held that the Court of Appeal acted beyond its jurisdiction when it issued a preservatory order after it had already dismissed the appeal before it. The Supreme Court described the order as “unnecessary, unwarranted and improper,” while affirming that Senator David Mark’s appeal succeeded in part.
Senator David Mark, the caretaker national chairman, and Ogbeni Rauf Aregbesola, caretaker national secretary, are central figures in the current factional arrangement of the party.
The Supreme Court further directed that all parties return to the Federal High Court for the continuation and expeditious hearing of the substantive matter, leaving the underlying leadership dispute unresolved but procedurally reset.
INEC recognition question reopens
The ruling is already generating political implications for the Independent National Electoral Commission (INEC), which had earlier removed the Mark-led leadership from its official portal on 1 April 2026 amid the dispute.
The advisory memo argues that the Supreme Court decision has weakened INEC’s current position of non-recognition of factions, and anticipates a possible review and restoration of the Mark-led National Working Committee (NWC), subject to formal compliance procedures.
However, no official statement has been issued by INEC at the time of filing this report.
Federal High Court ruling still in force
The development comes less than 24 hours after a separate Federal High Court judgment in Abuja, which reportedly restrained interference with State Executive Committees by the national caretaker leadership, a ruling that remains in force and adds another layer to the party’s internal legal struggle.
Recommended political steps
The internal memo circulated to party leaders, including all 36 state chairmen and the Federal Capital Territory chairman, urged urgent political stabilisation measures, including:
Immediate communication of the Supreme Court ruling to INEC
Convening of an urgent National Executive Committee (NEC) meeting
Compliance with the Electoral Act provisions on congress notification timelines
Respect for state-level party structures as affirmed by recent court rulings
The memo also called for reconciliation efforts and internal unity ahead of preparations for the 2027 general elections.
Appeal to Peter Obi
In a notable political appeal, the memo urged former Labour Party presidential candidate, Peter Obi, to assist reconciliation efforts within the ADC structure and support efforts to convene a unified NEC meeting.
Outlook
While the Supreme Court ruling provides procedural relief to the Mark-led faction, the substantive leadership dispute remains before the Federal High Court, meaning the ADC’s internal crisis is far from concluded.
For now, the judgment has reset the legal battlefield—but not resolved the political war.
