The Supreme Court on Thursday, April 30, 2026, referred the lingering leadership crisis of the African Democratic Congress (ADC) back to the Federal High Court for a fresh hearing, ordering all parties to return to the trial court for the continuation of the substantive case.
A five-member panel of the apex court, led by Justice Mohammed Lawal Garba, set aside the Court of Appeal’s order directing all parties to maintain the status quo ante bellum (the state of affairs before the dispute). The Supreme Court held that the lower court acted improperly by issuing a preservative order in an appeal it had already dismissed.
“It was wrong for the lower court to issue any preservative order in a case pending before the trial court. The directive made (status quo ante bellum) after striking out the appeal and issuing an accelerated hearing was unnecessary, unwarranted, and improper,” the apex court held.
The court noted that while courts possess inherent powers to make preservative orders to protect the subject matter of litigation, such orders cannot survive once proceedings have been concluded. Once proceedings are concluded, there would be “nothing left for that court to preserve.”
The Supreme Court subsequently dismissed the appeal filed by the faction led by former Senate President Senator David Mark, while also ordering all parties to return to the trial court for the continuation of the hearing of the substantive suit.
Background and Fallout
The Independent National Electoral Commission (INEC) had, on April 1, 2026, removed Senator Mark and Rauf Aregbesola from its portal as ADC National Chairman and Secretary, respectively, citing a Court of Appeal judgment which had ordered parties to maintain the status quo ante bellum.
The Mark-led faction had earlier written an urgent letter to the Chief Justice of Nigeria, warning that the party faced a “grave and irreversible risk of being excluded from participating in the 2027 General Elections” if the Supreme Court ruling was delayed.
With the case now returned to the Federal High Court, the leadership tussle within the ADC is set to continue, prolonging uncertainty for the party as the 2027 elections draw closer.
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