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Friday, May 1, 2026

Editorial: Supreme Court Relief for Mark Does Not Override Protection of ADC State Structures

The Supreme Court’s unanimous ruling of 30 April 2026, which vacated the Court of Appeal’s “status quo ante bellum” order, offers measured relief to Senator David Mark and the caretaker leadership of the African Democratic Congress (ADC). By faulting the appellate court for issuing a preservatory order after dismissing the appeal, the apex court has lifted a significant legal constraint that had stalled national leadership actions and contributed to INEC’s cautious neutrality.

But that relief is not absolute—and must not be misinterpreted.

Crucially, the Federal High Court judgment of 29 April 2026, delivered by Justice Joyce Abdulmalik in Suit No. FHC/ABJ/CS/581/2026, remains valid, binding, and untouched. That ruling firmly protects the authority and tenure of the party’s State Executive Committees.

The court made three points unmistakably clear:

Only duly constituted State Executive Committees can conduct state congresses.

The tenure of current State Working Committees and State Executive Committees remains subsisting.

The Mark-led caretaker committee lacks the constitutional authority to create parallel state structures or interfere with existing ones.

This distinction is not technical—it is foundational.

While the Supreme Court addressed an overreach at the appellate level and removed a national-level procedural barrier, it did not—and legally could not—nullify a subsisting Federal High Court order safeguarding state party structures. Both rulings stand, operating in separate but complementary legal spheres.

The implication is straightforward: the Mark-led leadership must act within the limits of the law. Any unilateral attempt to dissolve or bypass state executives would constitute a direct violation of a valid court order, exposing the actors to contempt proceedings and deepening the party’s legal crisis.

Taken together, the judiciary’s message over the past 48 hours is consistent and firm: political parties must operate within their constitutions and respect due process. The era of impunity—where parallel structures and arbitrary decisions override established systems—faces increasing judicial resistance.

As the matter returns to the Federal High Court for substantive hearing, the ADC stands at a crossroads. Continued factional maneuvering risks further weakening the party ahead of the 2027 elections. What is urgently required now is not tactical advantage, but genuine reconciliation anchored in legality.

The courts have drawn the boundaries. They have protected state structures and corrected procedural excess at the national level. The responsibility now shifts to political actors.

Obey the law. Respect institutional frameworks. Put the party above personal ambition.

Nigeria’s democratic progress depends not just on court judgments, but on the willingness of political leaders to obey them fully—not selectively.

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