BREAKING: Victory for ADC as Court Upholds Authenticity of David Mark–Led ADC Executive

The African Democratic Congress (ADC) recorded a significant legal victory on Friday as the Federal High Court sitting in Abuja declined to grant an application seeking to restrain the party, under the leadership of former Senate President, Senator David Mark, from holding conventions, congresses or meetings to elect or ratify members of its executive bodies and other party structures.

 

The ruling, delivered by Justice Emeka Nwite, effectively affirmed the continued authority of the David Mark–led National Executive Committee of the ADC, dealing a setback to efforts by a former Deputy National Chairman of the party, Nafiu-Bala Gombe, to halt the party’s organisational activities through an ex parte motion.

 

Justice Nwite refused the application, holding that granting such far-reaching reliefs without hearing from the other parties involved in the dispute would amount to overreaching and a violation of the principle of fair hearing.

 

“I have listened to the submission of the learned counsel for the applicant and have also gone through the affidavit evidence with exhibits thereto along with the written address,” the judge stated in his ruling.

 

The court noted that the dispute over the leadership of the ADC was already the subject of a substantive suit before it, and that all the parties involved had since entered appearances and exchanged court processes. According to the judge, this made it inappropriate for the applicant to seek fresh interim orders by way of an ex parte application.

 

Justice Nwite recalled that as far back as September 4, 2025, the court had ordered the defendants to show cause why an interim order restraining them from acting as leaders of the ADC should not be made. He stressed that the matter had since progressed beyond the stage where unilateral applications could be entertained.

 

“It is not in dispute that the present application is an off-shoot of the substantive matter of the said application,” the judge said.

 

“It is not in dispute that all the parties are already before this court. Hence, any ex-parte application without a notice to the other parties will be overreaching.

 

“Hence, the interest of justice will be met by putting the other parties on notice. Consequently, the application is refused.”

 

Following the ruling, Justice Nwite adjourned the case to February 3, 2026, for the respondents to formally show cause, allowing the substantive issues surrounding the leadership of the ADC to be determined on their merits.

 

The application in question, marked FHC/ABJ/CS/1819/2025, was filed by Gombe through his counsel, Michael Agber. In the suit, Gombe listed the African Democratic Congress, Senator David Mark, and former Osun State Governor, Ogbeni Rauf Aregbesola, as first, second and third defendants respectively. The Independent National Electoral Commission (INEC) and former ADC National Chairman, Chief Ralph Nwosu, were joined as fourth and fifth defendants.

 

Filed on December 15, 2025, the motion ex parte sought three interim reliefs. Among them was an order restraining the ADC from holding any convention, congress or meeting for the purpose of electing or approving persons into its executive committees or governing bodies, pending the determination of a motion on notice. Gombe also asked the court to restrain INEC from attending, monitoring or recognising any such activities by the party, and to direct that the status quo be maintained in the management and organisation of the ADC.

 

When the matter was called, Agber informed the court that he had a motion ex parte to move. However, Justice Nwite immediately recalled that a similar application had earlier been refused, with the court directing that all respondents be put on notice.

 

“Now, is there any difference from this application?” the judge asked pointedly.

 

In response, Agber argued that the prayers sought in the new application were different, insisting that the fresh motion was designed to prevent the ADC and INEC from taking steps that could affect the outcome of the pending substantive suit.

 

Justice Nwite, however, was unconvinced. He reminded counsel that once a matter was already before the court, any actions taken by parties in defiance of eventual court orders would be null and void.

 

“Now, the case is already before me and if any person does something untoward, such action will be null and void,” the judge said.

 

“This application ought not to come by way of ex-parte because already, the parties are already before the court. So I am just telling you my mind.”

 

Emphasising the fundamental principle of fair hearing, Justice Nwite added in a remark that drew attention in the courtroom: “I cannot make an order in the absence of the party as justice is tripartite. You cannot shave somebody’s head in his absence.”

 

Despite his reservations, the court allowed Agber to formally move the motion. In doing so, the lawyer told the court that the application was brought pursuant to Order 26 Rule 6 of the Federal High Court (Civil Procedure) Rules 2019, Sections 82 and 83 of the Electoral Act 2022, and under the inherent jurisdiction of the court.

 

In an affidavit of urgency attached to the application, Gombe alleged that despite the pendency of the suit, the ADC—allegedly with the acquiescence of INEC—had continued to hold meetings across the country in preparation for conventions and congresses. He described the current leadership of the party, headed by Senator David Mark, as “illegal.”

 

Gombe cited several activities which he claimed were in contempt of an earlier court order, including the unveiling of what he described as a new ADC national headquarters, the issuance of membership cards to prominent political figures, and the release of party guidelines for the Osun State governorship primary election.

 

However, Justice Nwite recalled that on September 4, 2025, the court had similarly refused an earlier ex parte application by Gombe seeking to stop the David Mark–led leadership of the ADC. On that occasion, the court had opted instead to direct that all defendants be put on notice, underscoring its preference for hearing all sides before making any interim orders.

 

The latest ruling has been widely interpreted as a major boost for the ADC leadership under Senator David Mark, as it clears the way for the party to continue its organisational activities without judicial restraint, pending the determination of the substantive suit.

 

For the ADC, the decision reinforces its claim to legitimacy at a time when political parties across the country are preparing for future electoral contests. For Gombe and other challengers, the ruling signals that the court is unwilling to halt the party’s operations without first giving all parties a fair opportunity to be heard.

 

As the legal battle continues, all eyes will now turn to February 3, 2026, when the court is expected to hear arguments from the respondents and possibly set the stage for a final resolution of the leadership dispute within the ADC.