The Supreme Court is set to hear on Tuesday an appeal filed by the embattled National Chairman of the African Democratic Congress, Senator David Mark.
Mark is seeking an order to stay the execution of the March 12 judgment of the Court of Appeal.
In a hearing notice with appeal number SC/CV/180/2026 between Sen. Mark vs Hon. Nafiu-Bala Gombe and four others, the apex court scheduled the matter for April 14.
The notice, issued by the Litigation Department of the Supreme Court and sent to all parties on Friday, was sighted by the News Agency of Nigeria on Sunday in Abuja.
The hearing date coincides with a previously fixed date before the Federal High Court in Abuja presided over by Justice Emeka Nwite.
Although both matters are listed for Tuesday, it was gathered that the lower court may step down or adjourn its proceedings pending the Supreme Court hearing, in line with judicial hierarchy.
Mark, the appellant, has joined Hon. Nafiu-Bala Gombe, the ADC, Ogbeni Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Chief Ralph Nwosu as 1st to 5th respondents.
In his motion on notice filed through his lawyer, Realwan Okpanachi, Mark asked the court for an order staying the execution of the Court of Appeal judgment pending the determination of his appeal.
He also sought an order restraining INEC from implementing the appellate court’s decision by recognising any other person aside from him and the existing national officers of the ADC.
Mark further requested an order preventing INEC from altering the party’s current leadership structure as constituted under his leadership, pending the determination of the appeal.
Additionally, he prayed for an order halting further proceedings in Suit No: FHC/ABJ/CS/1819/2025 before the Federal High Court pending the outcome of the appeal at the Supreme Court.
The application was filed pursuant to Sections 6(6)(a) and 233 of the 1999 Constitution (as amended), Order 4 Rule 1 of the Supreme Court Rules 2024, and the court’s inherent jurisdiction.
In a 12-ground argument, Okpanachi stated that the Court of Appeal delivered its judgment in Appeal No: CA/ABJ/CV/145/2026 on March 12.
He added that Mark, dissatisfied with the ruling, filed a notice of appeal on March 16, while the record of appeal was transmitted on March 31.
According to him, the appeal has since been entered before the Supreme Court as Appeal No: SC/CV/180/2026.
He noted that the Court of Appeal had ordered parties to maintain the status quo ante bellum.
He argued that the 1st respondent (Gombe) has relied on that order to write to the 4th respondent (INEC), urging it not to recognise Mark and other national officers of the ADC.
He maintained that such actions amount to enforcement of the appellate court’s judgment, despite the pending appeal.
Okpanachi argued that unless the application is granted, the appeal could be rendered useless.
He also contended that the appeal raises substantial legal issues and that the balance of justice favours granting the request.
He urged the court to preserve the subject matter of the dispute and protect the authority of the apex court.
Meanwhile, NAN reports that INEC had earlier removed the names of Mark and Rauf Aregbesola from its portal as ADC national chairman and national secretary following the Court of Appeal judgment.
In response, Mark filed a motion before Justice Nwite on April 7 seeking an order directing INEC to restore their names pending the determination of the case.
He also requested an accelerated hearing, and the judge fixed April 14 for hearing.
The underlying suit at the Federal High Court was filed by Hon. Nafiu-Bala Gombe against ADC, Mark, Aregbesola, INEC, and Ralph Nwosu.
Gombe, a former deputy national chairman of the ADC, is challenging the emergence of Mark and Aregbesola as party leaders, alleging breaches of the party constitution and the Electoral Act.
Justice Nwite had earlier refused an ex-parte application seeking to stop the Mark-led leadership, instead ordering the plaintiff to put the defendants on notice.
The matter was adjourned to September 15, 2025, for the defendants to show cause.
The Mark-led faction later approached the Court of Appeal, which ordered that status quo ante bellum be maintained pending determination of the appeal.
