From Godwin Tsa, Abuja

TheSenator David Mark led-leadership of the African Democratic Congress (ADC) has appealed to the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, to facilitate a quick delivery of judgment in the party’s leadership tussle at the national level.

In a letter dated April 28, the party said it would suffer irreparable harm if judgment was not delivered by the Supreme Court during the period allowed by the Electoral Act to field candidates for the 2027 general elections.

The Supreme Court had on April 22 reserved judgment in the ADC’s crisis till a date that would be communicated to the parties involved in the tussle.

A five-member panel of the apex court led by Justice Garba Mohammed reserved its verdict shortly after lawyers representing parties adopted their briefs of argument for and against the appeal.

However, sensing dangers in any further delay in the judgment delivery, the party raised a deep concern that it would not be able to participate in the forthcoming general election.

The save-our-soul letter of the ADC to the CJN authored by its lead Counsel and Senior Advocate of Nigeria, Shuaibu Enejoh Aruwa, was specific that the party would have no role to play in the 2027 general elections unless the judgment is delivered within three days starting from today.

The letter titled, “Re – Suit No 8SC/CV/180/2026: Senator David Mark V Nafiu Bala Gombe & 4 Ors, a passionate plea for the timely delivery if the judgment in the above mentioned appeal to forestall the impending irreparable harm to constitutional right of the African Democratic Congress (ADC) to participate in the 2027 general elections,” was dated April 28 and received by the Office of the CJN. 

Part of the letter read: “We are counsel to the African Democratic Congress (ADC), the respondent in the above mentioned appeal. My lord, this appeal was graciously heard expeditiously on April 22 and judgment was thereafter reserved to a date to be communicated by the court.

“However, my lord, we are most respectfully constrained to request for my lord’s kind intervention and directive to ensure that the judgment is rendered timously having regard that INEC the fourth respondent in the said appeal, purportedly acting pursuant to the judgment of the lower court in Appeal No: CA/ABJ/145/2026 acted to remove or de-recognize the leadership of the ADC leaving the ADC without leadership at the moment even though the ADC remains a recognised registered political party in Nigeria.

“My lord, we also respectfully draw your attention to the INEC’s timetable for the 2027 general elections and the activities in readiness which have already commenced.

“Your lordship’s would find attached copies of the INEC statement de-recognising the leadership of the 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 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.

“We thank your lordships as we look forward to your kind intervention.”

At the April 22 hearing of the case, Jibrin Okutepa, who represented David Mark had urged the Supreme Court to allow the appeal as he submitted that the apex court had in a judgment 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 urged the apex court to hold that the Abuja Federal High Court lacked the jurisdiction to entertain a suit bordering on the ADC’s internal matters.

However, Robert Emukpero, who represented the first respondent, Nafiu Gombe, had 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.

It will be recalled that a three-member panel of the Court of Appeal had dismissed Mark’s appeal, challenging the jurisdiction of the Federal High Court presided by Justice Emeka Nwite, to entertain the suit filed by Bala against the leadership of the ADC.

The Court of Appeal had, in its decision, held that the appeal was not only premature but was brought without leave of the trial court.

The Appeal Court had subsequently ordered that the matter be returned to the Federal High Court for expeditious hearing, adding that parties should maintain status quo.

Following the order for status quo, the electoral umpire subsequently de-recognised the ADC leadership headed by Mark, pending the resolution of the matter by the court.

Dissatisfied, Mark approached the Supreme Court to challenge the decision of the Court of Appeal, as well as an order staying the order for maintenance of status quo.

After taking arguments from the parties, Justice Garba of the Supreme Court on April 22, announced that judgment was reserved to a date that would be communicated to parties.