Party Remains Entangled In Legal Uncertainty, Ejimakor Warns
Senior Advocate of Nigeria (SAN), Jibrin Okutepa, who was the lead counsel to Senator David Mark in the legal battle involving the leadership of the African Democratic Congress (ADC), has hailed the Independent National Electoral Commission (INEC) for abiding by the judgment of the Supreme Court without being prompted.
However, a constitutional lawyer, Aloy Ejimakor, has said that the judgment does not amount to a final victory for the ADC, warning that the opposition platform remains trapped in multiple legal battles capable of threatening its 2027 electoral ambitions.
Okutepa, in a statement shared on his X handle via @sanjsokutepa on Friday, praised INEC for not waiting to be served the judgment of the Supreme Court before restoring the leadership status of the ADC on its portal.
The Supreme Court on Thursday directed David Mark to return to the Federal High Court for the hearing and determination of issues arising from the leadership dispute within the ADC.
This stemmed from the previous ruling of the Court of Appeal, which on March 12 dismissed Mark’s appeal against a September 4 ruling of the Federal High Court.
A former vice-chairman of the ADC, Nafiu Bala, had filed the suit marked FHC/ABJ/CS/1819/2025, seeking to stop the Mark-led leadership from parading themselves as national officers of the ADC.
Bala listed the ADC, Mark, Rauf Aregbesola (National Secretary), INEC, and Ralph Nwosu, the party’s founder and former national chairman, as defendants.
Delivering a unanimous judgment on Thursday, a five-member panel of the Supreme Court, headed by Mohammed Garba, faulted the order of the Court of Appeal, which asked parties in the suit to maintain the status quo.
The Supreme Court held that the Court of Appeal acted beyond its jurisdiction by unilaterally issuing the status quo order.
Commending INEC in his post, Okutepa wrote: “I am a legal practitioner. I am not a registered member of any political party in Nigeria. I am equally not an employee of any government. I owe no allegiance to anybody except the truth, justice, and the Federal Republic of Nigeria.
“I was the lead counsel to Sen. David Mark at the Supreme Court in the judgment delivered yesterday (Thursday). When I checked the INEC portal, it was clear that INEC, without prompting, has restored the leadership of the ADC to its portal.”
He stated that the restoration of the names of the ADC leadership on the INEC portal was the right thing to do.
“The decision of the Supreme Court yesterday was clear. The appeal of Sen. David Mark was allowed in part. The order of the Court of Appeal for ‘maintenance of status quo ante bellum’ was held to have been made without jurisdiction and was accordingly set aside. It was the order of the Court of Appeal that INEC said it acted upon when it removed Sen. David Mark and his exco from its portal.
“INEC, as a corporate entity, has accorded respect to the decision of the Supreme Court without pretending that it was yet to be formally served with the judgment. That is the right thing to do in the circumstances,” he stated.
He noted that INEC was represented in the Supreme Court, adding that the prompt restoration of the ADC leadership to the INEC portal was commendable. “That is how it should be under the rule of law.”
He said INEC demonstrated respect for the rule of law in a country where some institutions would have been expecting to be served the court judgment before acting
He described such acts as abuse of power when individuals deliberately wait to be prompted before obeying court orders.
He added: “Until we agree to be bound by the rule of law and due process and avoid taking the law into our hands, Nigeria’s development will be a mirage.
“INEC, in this particular case, exhibited a rare understanding of respect for the rule of law without waiting to be served with the judgment of the Supreme Court, as some institutions and highly placed Nigerian government officials often do.
“Too many in power have no respect for courts and court orders. In most cases, impunity reigns supreme in our land. Even within the legal profession, court processes and orders are disregarded for personal benefit and in abuse of power.
“Today, many in privileged positions abuse their powers against the people and the society they are meant to serve by disrespecting judgments and court orders. Examples are legion.
“On this particular occasion, I must commend INEC for the prompt restoration of the ADC leadership on its portal without waiting for letters from the legal team of Sen. David Mark.”
He said INEC must do what it needs to do for the good of Nigeria and democracy.
“INEC must be bold and courageous to attain success in protecting and safeguarding Nigerian democracy,” he added.
Ejimakor, in a legal analysis issued on Friday, said the Supreme Court merely resolved a narrow procedural issue by setting aside the Court of Appeal’s “status quo ante bellum” order, which had directed INEC to maintain the party’s pre-crisis leadership structure.
According to him, the ruling only restores the Mark-led faction on an interim basis and does not settle the substantive question of who the authentic national leadership of the ADC is.
“The Supreme Court judgment delivered yesterday on ADC leadership crisis is not yet a win for the party. The judgment only provided a narrow relief on one specific procedural issue but leaves the core disputes unresolved and, on its face, even opened the door to continued litigation,” Ejimakor stated.
He explained that the practical implication of the judgment is that INEC’s earlier removal of Mark as national chairman and other officials, including Aregbesola as national secretary, from its portal has now been invalidated following the nullification of the “status quo” order.
However, he stressed that the Supreme Court did not pronounce on the legitimacy of either faction in the leadership tussle.
“The court did not decide who the authentic national leadership of the ADC is. It ordered the parties back to the Federal High Court for accelerated hearing of the substantive suit,” he added.
Ejimakor noted that the core dispute between the Mark-led caretaker committee and factions loyal to figures such as Nafiu Bala Gombe remains alive before the Federal High Court, warning that whichever side loses could still proceed on appeal up to the Supreme Court.
He cautioned that until final judicial determination is reached, the party’s ability to conduct congresses, sponsor candidates and secure uncontested recognition for the 2027 general election may remain uncertain.
The lawyer also pointed to another legal setback facing the party, citing a recent Federal High Court order issued on April 29, 2026, by Justice Abdulmalik, which restrained INEC from recognising or participating in congresses organised by the Mark-led caretaker committee.
According to him, the order further barred the faction from interfering with elected state executives and held that only duly elected state structures could lawfully organise congresses.
“This order stands independently of the Supreme Court ruling and creates fresh operational hurdles,” he said.
Ejimakor further warned that ADC still faces possible deregistration threats following separate legal processes reportedly filed by some former lawmakers seeking a court order compelling INEC to deregister the party over alleged statutory non-compliance.
He likened ADC’s predicament to the prolonged internal crises that plagued the Peoples Democratic Party (PDP), noting that political parties in Nigeria often become entangled in multiple overlapping litigations involving leadership disputes, congresses, candidate nominations and electoral recognition.
“The ADC is now in exactly that position,” he said. “Until the Federal High Court and any subsequent appeals finally determine the authentic leadership and the party complies fully with electoral laws, the ADC remains entangled in legal uncertainty.”
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