By Ayomide Otitoju
The Supreme Court has reserved judgment in the appeal filed by the National Chairman of the African Democratic Congress (ADC), David Mark, challenging the jurisdiction of courts to entertain matters relating to the party’s internal affairs.
A five-member panel of the apex court, led by Justice Garba Mohammed, announced the decision after counsel to all parties adopted their written arguments for and against the appeal.
Senior Advocate of Nigeria (SAN), Jibrin Okutepa, counsel to David Mark, urged the court to allow the appeal, arguing that the Supreme Court had earlier, on March 21, 2025, settled the issue by holding that courts lack jurisdiction over disputes arising from the internal affairs of political parties.
He asked the court to set aside the lower court’s decision and declare that the Federal High Court lacked jurisdiction to hear the suit concerning the ADC’s leadership dispute.
However, counsel to Nafiu Gombe, Robert Emukpero (SAN), urged the court to dismiss the appeal, insisting that the case was properly struck out by the lower court as premature.
Emukpero further urged the apex court to affirm the decision of the Court of Appeal, which had dismissed Mark’s challenge to the jurisdiction of Justice Emeka Nwite of the Federal High Court, Abuja, in the suit instituted by Gombe over the party’s leadership.
The appellate court had ruled that the appeal was premature and filed without the leave of the trial court. It subsequently ordered that the matter be remitted to the trial court for accelerated hearing, while directing parties to maintain the status quo ante bellum.
Following that order, the Independent National Electoral Commission (INEC) reportedly de-recognised the Mark-led faction pending judicial determination of the party’s authentic leadership.
Dissatisfied with the appellate ruling and the order on status quo, Mark approached the Supreme Court, seeking to overturn the decision and halt further proceedings.
Rather than hearing the substantive motions, the apex court directed parties to file their written briefs.
Justice Garba Mohammed thereafter announced that judgment has been reserved, with a date to be communicated to the parties.
