Lawyer Aloy Ejimakor says Thursday’s Supreme Court judgment on the African Democratic Congress (ADC) leadership crisis is “not yet a win” for the party, as it only resolved a narrow procedural issue while leaving the core dispute unsettled.
The apex court set aside the Court of Appeal’s “status quo ante bellum” order that had directed INEC to maintain the pre-crisis leadership structure.
That order had led INEC to remove Senator David Mark as National Chairman and Rauf Aregbesola as National Secretary from its portal on April 1.
Ejimakor explained that the ruling invalidates INEC’s de-recognition and restores the David Mark-led faction on an interim basis. However, the court did not decide who the authentic national leadership of the ADC is.
Instead, the Supreme Court ordered parties back to the Federal High Court for an accelerated hearing of the substantive suit on the leadership tussle between the Mark-led caretaker committee and the faction loyal to Nafiu Bala Gombe.
“The ruling is procedural and interim. It temporarily removes a major roadblock that had paralysed the Mark faction, but it does not grant the ADC a clean bill of legal health,” Ejimakor said.
He listed several ongoing legal hurdles the party still faces:
1. Substantive leadership dispute: The original suit at the Federal High Court must still be heard fully. Whichever side loses can appeal, leaving INEC and the courts to continue treating the party’s leadership as contested.
2. Separate restraining order on congresses: On April 29, Justice Joyce Abdulmalik barred INEC from recognising any state congresses organised by the Mark-led committee and ruled that only elected state executives can lawfully organise congresses. This order remains in force.
3. INEC recognition risks: While the judgment restores the faction’s names to INEC’s portal, final recognition for 2027 ballot access still depends on the High Court outcome and compliance with the Electoral Act.
4. Deregistration threats: Some ex-lawmakers have filed processes seeking a court order to compel INEC to deregister the ADC over alleged failure to meet statutory requirements.
5. Pattern of layered litigation:Like other Nigerian parties, the ADC faces multiple, overlapping suits that could delay preparations for 2027.
“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,” Ejimakor said.
“The party is freer to operate today than it was yesterday, but myriad legal minefields remain.”
By
TheTimes Nigeria
