Breaking: Supreme Court to Deliver Judgement in ADC, PDP Leadership Crisis on Thursday

Alex Enumah in Abuja

After nearly 10 days of anxiety, apprehension and worries, the Supreme Court will on Thursday, April 30, deliver its “make or mar” verdict in the appeal surrounding the leadership tussle in the African Democratic Congress (ADC) and the Peoples Democratic Party (PDP).

The judgment would be delivered nine days after the five-member panel of justices of the apex court reserved their verdict in the appeals surrounding the authentic leadership of the two parties.

The verdict of the apex court would either draw the curtain on the hope of the ADC and the Tanimu Turaki-led faction of the PDP, participating in the 2027 general elections or provide fresh hope and vigour for the ADC that has assumed the position of major opposition and the PDP, to wrest power from President Bola Tinubu and his All Progressive Congress (APC), come 2027.

Recall that the five-member panel led by Justice Mohammed Garba had last week Wednesday, shortly after lawyers representing the ADC and PDP in the different appeals, adopted their processes as their briefs of argument for and against the appeals, announced that judgment has been reserved to a date to be communicated to parties.

THISDAY on Wednesday, however learnt that the apex court is set to deliver its verdict on the ADC and PDP appeals on Thursday.

In the event, the appeal succeeds it would clear the coast for the David Mark-led leadership to participate and as well field candidates in all elective offices at the 2027, general election.

But, in the event the appeal fails the ADC would be shut out of the polls on the grounds that it does not have leadership that would conduct and supervise the selection of its candidates that would participate in the general elections.

Ditto for the Turaki-led PDP.

For the ADC, the present appeal set for judgment is between the Senator David Mark-led leadership versus a former Deputy National Chairman of the ADC, Hon Nafiu Bala Gombe.

At the last proceedings, Jibrin Okutepa, SAN, who represented David Mark, urged the apex court to allow the appeal, on the grounds that the apex court had in a judgment delivered on March 21, 2025, put an end to the issue before the court, when it held that, “no court has jurisdiction to entertain cases bordering on internal affairs of political parties”.

Okutepa therefore urged the apex court to allow the appeal and hold that the trial court lacked the jurisdiction to entertain a suit bordering on the ADC’s internal matters.

Robert Emukpero, SAN, who represented the 1st respondent, Hon Nafiu Gombe however, urged the apex court to reject the appeal and affirm the judgment of the lower court, which held that the case of the appellant was premature and dismissed it.

After taking arguments from all parties, Justice Mohammed Garba, who presided over the proceedings, subsequently announced that judgment is reserved to a date that would be communicated to parties.

It would be recalled that the appellate court had in a ruling in the appeal filed by the Mark-led leadership against the ruling of a Federal High Court, Abuja, had last month ordered status quo ante bellum.

Based on the ruling of the appellate court, INEC subsequently withdrew the recognition accorded to the Mark-led faction as authentic leadership of the ADC.

Gombe, had last year dragged the Mark-led leadership before Justice Emeka Nwite, to challenge the leadership of the ADC led by David Mark.

He had among others sought for an order restraining the Mark-led leadership from parading themselves as leaders of the ADC, adding that he remains the authentic leader of the party, following the resignation of the then chairman and other members of the executive.

Recall that Senator David Mark was announced as the chairman of an interim national executive of the ADC, at a meeting in Abuja, last year and his chairmanship substantiated at the convention of the party held recently.

However, Justice Nwite had declined to issue a restraining order against the Mark-led leadership but rather ordered the applicant to put the defendants on notice.

Reacting, David Mark had approached the appellate court to challenge the jurisdiction of Nwite to entertain the suit by Gombe in the first place.

While insisting that the trial court cannot entertain the suit suit by Gombe, for being an internal matter of the ADC, Mark also argued that the trial court became functus officio when he refused the grant of the restraining order against the Mark-led leadership.

But, the appellate court in its judgment last month dismissed Mark’s appeal and returned the case to the trial court.

While the appellate court had ordered accelerated hearing in the matter, it went ahead to order status quo ante bellum, an order which INEC acted upon to de-recognized the Mark leadership as well as removed their names from INEC’s portal.

Displeased, Mark approached the Supreme Court to set aside aside the ruling of the appellate court.

Only few days ago, the ADC had pleaded with the Supreme Court to deliver its judgment in the appeal within the next three days.

The ADC in a letter to the Chief Justice of Nigeria (CJN), claimed that failure of the apex court to deliver judgment within the above pleaded period, would jeopardize the chances of the party in the 2027 general elections, as well as dash the hope of millions of Nigerians intending to vote for the ADC and its candidates at the general elections slated for early January, next year.

In the letter dated April 28, the party’s lead counsel, Mr Shuaibu Aruwa, SAN, recalled that the apex court “graciously heard expeditiously on April 22, 2026 and judgment was thereafter reserved to a date to be communicated by the court”.

Aruwa stated however, that they are “most respectfully constrained to request for the CJN’s kind intervention and directive in ensuring that the judgment is rendered timeously”, on grounds that the Independent National Electoral Commission (INEC), who is the 4th Respondent in the said Appeal purportedly, acting pursuant to the judgment of the lower court in Appeal No: CA/ABJ/145/2026, has removed or de-recognized the leadership of the ADC.

The senior lawyer submitted that the action of INEC has left the ADC without leadership at the moment even though the ADC remains a recognized registered political party in Nigeria.

In addition, the ADC drew the attention of the CJN to INEC’s Timetable for the 2027 general elections and the activities in readiness which it claimed have already commenced.

“Your Lordships would find attached copies of the INEC Press Release de-recognizing the leadership of ADC and the Revised INEC Timetable for the 2027 General Elections.

“My Lord, the ADC’s ability to comply with these statutory requirements to participate in the 2027 General Elections is wholly dependent on the timely delivery of the judgment in the instant Appeal. Without the delivery of judgment within the next three days from the date of this letter, the ADC stands the grave and irreversible risk of being excluded from participating in the 2027 General Elections. This would disenfranchise millions of Nigerians who have subscribed to the ideals of the ADC and deny them their constitutional right to freely associate and contest elections through a political party of their choice.

“My Lord, we are mindful of the enormous responsibilities and workload of this Honourable Court. We are equally aware that justice delayed, in this peculiar circumstance, would amount to justice denied. The entire political future of our client and the legitimate expectations of its members nationwide now hangs in the balance”, the letter read in part.

In the case of the PDP, the battle is between a faction said to be loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike and that of the Governor of Oyo State, Seyi Makinde.

The legal battle stemmed from the conduct of the PDP national convention in Ibadan, last year, that produced Tanimu Turaki-led national executive.

While Austin Nwachukwu and two other PDP chieftains had dragged the Ambassador Iliya Damagum led national executive before Justice James Omotosho, over the alleged noncompliance with the party’s guidelines as well as the Electoral Act in the conduct of the PDP convention, a former governor of Jigawa State, Sule Lamido, on the other hand had dragged the party before Justice Peter Lifu of the same Federal High Court, to challenge his exclusion from the convention.

At last Wednesday’s proceedings, when the appeal Between the Turaki-led faction of the PDP versus Lamido, was called, Paul Erokoro, SAN, who represented the appellant urged the apex court to allow the appeal and set aside the judgment of the Court of Appeal, which nullified the Ibadan convention on the grounds that the convention was held in disobedience to the orders of a Federal High Court.

However, Lamido through his lawyer, Ewere Aliemeke, urged the apex court to dismiss the appeal in its entirety for lack of merit.

The same plea was made by O. A. Adeyemi who represented INEC and Chief Joseph Daudu, SAN, who represented the 3rd to 5th respondents.
Daudu, urged the apex court to hold that the appeal does not fall within the spheres of internal matters of political parties.

In the other PDP matter against Austin Nwachukwu and two others, Chief Chris Uche, SAN, who argued the appeal for the PDP, submitted that the two lower courts granted orders against the party’s convention without jurisdiction.

He accordingly urged the apex court to set aside the two judgements and hold that the lower courts erred in assuming jurisdiction in the internal matters of the PDP.

After taking arguments from all parties, Justice Mohammed Garba, who presided over the proceedings, subsequently announced that judgment is reserved to a date that would be communicated to parties.

The faction of the PDP led by Tanimu Turaki had approached the apex court to challenge the judgment of the Court of Appeal, which had nullified the convention for being held in disobedience of a valid order of court.

Recall that Justice Peter Lifu of the Federal High Court in Abuja, had last year in a judgment restrained the them Ambassador Iliya Damagum led National Executive Committee of the PDP from proceeding with the convention slated for November 15 and 16, 2026, in Ibadan Oyo State.

Justice Lifu had in his judgment ordered that the convention should not hold until an aspirant to the office of national chairman, former Jigawa State Governor, Alhaji Sule Lamido, is giving the opportunity to purchase interest and nomination forms to enable him participate in the convention for the election of national officers.

The party however went ahead to conduct the convention in disregard to the orders of the court.

The PDP had predicated its action to conduct the convention on the grounds that the court of Justice Lifu lacked the jurisdiction to stop the convention as the issue brought before him was an internal matter of the PDP, which no court has jurisdiction to delve into.

However, the appellate court in its judgment last month disagreed that the issue at the trial court was an internal affairs of a political parties which courts cannot entertain.

The three-member panel of the appellate court subsequently nullified the outcome of the convention for being held in disobedience to the orders of the Federal High Court, Abuja.

Dissatisfied, the PDP approached the apex court praying it to accept the appeal against the lower court judgment, set the judgment aside and hold that the issue was an internal matter of the PDP, which both the Court of Appeal and Federal High Court lacked jurisdiction to entertain.