The Supreme Court has reserved judgment in the appeal filed by David Mark, National Chairman of the African Democratic Congress (ADC), challenging the jurisdiction of the Abuja Federal High Court to intervene in the party’s internal affairs. The case, which has drawn significant attention in Nigeria’s political and legal circles, was heard by a five-member panel led by Justice Garba Mohammed. After lawyers for both sides presented their arguments and adopted their briefs, the apex court announced that its decision would be delivered at a later date, with parties to be notified of the exact timing.
David Mark’s legal team, led by Jibrin Okutepa, SAN, argued that the Supreme Court had already settled the issue in a landmark judgment on March 21, 2025. That ruling explicitly stated that “no court has jurisdiction to entertain cases bordering on internal affairs of political parties.” Okutepa urged the court to allow the appeal and declare that the Abuja Federal High Court lacked authority to hear the suit filed by Bala against the ADC leadership. He emphasized that allowing the lower court to proceed would undermine the Supreme Court’s earlier pronouncement and create legal inconsistency.
On the other hand, Robert Emukpero, SAN, representing the 1st respondent, Nafiu Gombe, urged the apex court to dismiss the appeal. He pointed to the judgment of the Court of Appeal, which had previously dismissed Mark’s appeal as premature and not filed with the necessary leave from the trial court. The appellate court had also ordered the matter to be returned to the Federal High Court for expeditious hearing while maintaining the status quo. Emukpero argued that the Supreme Court should uphold this decision and reject Mark’s attempt to bypass the lower courts.
The case stems from a dispute within the ADC, which led to the filing of a suit by Bala against the party’s leadership. The Court of Appeal had dismissed Mark’s earlier appeal, reinforcing the principle that internal party matters should be resolved internally. However, following the appellate court’s order for status quo, the Independent National Electoral Commission (INEC) de-recognized the ADC leadership headed by Mark, pending resolution of the legal matter. This move prompted Mark to escalate the case to the Supreme Court, seeking to challenge both the appellate court’s ruling and the stay order.
The Supreme Court, instead of immediately ruling on the motions, directed the parties to file detailed briefs, which were subsequently adopted. After hearing oral arguments from both sides, Justice Garba Mohammed announced that judgment would be reserved. The outcome of this case could have far-reaching implications for how Nigerian courts handle disputes within political parties, particularly in the context of electoral recognition and party leadership challenges. The decision is expected to provide clarity on the boundaries of judicial intervention in party politics.
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