BREAKING: Appeal Court Dismisses David Mark’s Appeal Over ADC Chairmanship, Clears Path for Nafiu Bala

The leadership crisis within the African Democratic Congress (ADC) has taken a dramatic turn after the Court of Appeal of Nigeria in Abuja dismissed an appeal filed by former Senate President and current ADC National Chairman, David Mark.

 

The ruling effectively clears the path for party chieftain Nafiu Bala Gombe to challenge the legitimacy of the Mark-led leadership.

 

Delivered on Thursday by a three-member panel led by Justice Uchechukwu Onyemenam, the appellate court held that Mark’s appeal was procedurally flawed and incompetent. The judgment allows the substantive suit contesting the leadership of the ADC to proceed at the Federal High Court in Abuja, intensifying the internal struggle for control of the opposition party.

 

Background of the Leadership Dispute

 

The crisis erupted following the emergence of Mark as National Chairman, alongside former Osun State Governor Rauf Aregbesola as National Secretary. Their leadership was immediately contested by Bala Gombe, a former Deputy National Chairman, who alleged that the process violated the party’s constitution and failed to adhere to internal democratic procedures.

 

Bala Gombe subsequently approached the Federal High Court in Abuja with a substantive suit seeking to nullify the Mark-led leadership. He also filed an ex parte application requesting interim relief, including an injunction restraining the Independent National Electoral Commission (INEC) from recognizing Mark and Aregbesola as the legitimate leaders of the party. The application was moved on September 4, 2025, before Justice Emeka Nwite.

 

Justice Nwite, however, declined to grant the interim relief outright, directing instead that the respondents, including the ADC, Mark, Aregbesola, INEC, and the party’s immediate past National Chairman Ralph Nwosu, be put on notice and allowed to respond.

 

Mark’s Appeal and Legal Arguments

 

Dissatisfied with the trial court’s handling of the application, Mark appealed to the Court of Appeal. He argued that Justice Nwite had refused the ex parte application and thus lacked jurisdiction to hear further arguments. Mark also relied on an enrolled order issued by the court registry, which he interpreted as final refusal of the application.

 

Bala Gombe’s legal team, led by Senior Advocate of Nigeria Luka Musa Haruna, filed a preliminary objection arguing that Mark’s appeal was based on issues not reflected in the trial court’s ruling, rendering it legally incompetent.

 

Court of Appeal’s Findings

 

In its lead judgment, Justice Onyemenam upheld the preliminary objection and dismissed Mark’s appeal. The appellate court noted that:

 

The appeal relied on arguments not contained in the trial court’s ruling, making it procedurally flawed.

 

Mark’s reliance on the enrolled order instead of the judge’s in-court ruling was legally unsound, as the authoritative decision is the ruling delivered in open court.

 

The appeal was filed without obtaining the required leave, a necessity for challenging interlocutory orders under Nigerian law.

 

The trial court had not refused the ex parte application but had exercised discretion to hear from all parties before making a final determination.

 

 

The court also ordered Mark to pay ₦2 million in costs to Bala Gombe and directed that the substantive case be given accelerated hearing at the Federal High Court. All parties were instructed to maintain the status quo pending the court’s final determination.

 

Implications for the ADC

 

The substantive case, filed as FHC/ABJ/CS/1819/2025, continues before the Federal High Court. Bala Gombe is seeking a declaration that the emergence of the Mark-led leadership is null and void. Should the court rule in his favor, it could trigger a major leadership shake-up within the ADC and displace Mark as National Chairman.

 

Political analysts note that the ongoing legal battle threatens the internal stability and credibility of the ADC at a critical moment, as the party seeks to consolidate its position in Nigeria’s competitive political landscape. With the appellate court’s decision removing procedural barriers, all eyes are now on the Federal High Court, where the future of the party’s leadership, and potentially Mark’s political career within the ADC, will be determined.