By Adesakin Adefemi
The Supreme Court on Wednesday reserved judgment in the leadership dispute rocking the African Democratic Congress, after hearing arguments in an appeal filed by the party’s National Chairman, David Mark, against former Deputy National Chairman Nafiu Bala.
A five-member panel led by Justice Lawal Garba announced the decision shortly after lawyers for both parties adopted their briefs of argument for and against the appeal. Justice Garba said the judgment would be delivered on a date to be communicated to all parties.
The reservation marks a decisive stage in the case, signalling that oral and written submissions have closed and the justices will now deliberate before issuing a final, binding ruling. As Nigeria’s apex court, the Supreme Court’s pronouncement will end the legal contest.
At the heart of the dispute are conflicting claims to control of the ADC’s national structure. The Court of Appeal had earlier dismissed Mark’s appeal as incompetent, relying on the principle set in _Madukolu v Nkemdilim_ that a case must satisfy jurisdictional conditions before it can be heard.
The legal battle tests two constitutional principles: Section 40 of the 1999 Constitution, which guarantees freedom of association and has been interpreted to give parties autonomy over internal affairs, and Section 6, which vests judicial powers in courts to adjudicate disputes.
Mark’s faction insists the party’s National Executive Committee acted within the ADC constitution, while Bala’s camp argues the process violated party rules and requires judicial correction. The Supreme Court must now decide whether the matter is a non-justiciable internal affair or one ripe for court intervention.
Past rulings provide competing precedents. In _Onuoha v Okafor_, the apex court held it should not meddle in party matters. Yet in _Amaechi v INEC_ and _APC v Marafa_, it intervened where parties breached their own constitutions or electoral law, showing autonomy is not absolute.
Sections 221 to 229 of the Constitution also give the Independent National Electoral Commission oversight powers over parties, further complicating claims of total internal sovereignty.
INEC currently does not recognise any ADC faction, leaving the party without legally acknowledged leadership.
The stakes for 2027 are high. Without a recognised executive, the ADC risks being barred from submitting candidates or participating fully in the general elections. Party activities, fundraising, and state chapter coordination have stalled pending the judgment.
When delivered, the ruling will either affirm the Court of Appeal and end Mark’s challenge, revive the appeal and potentially validate one faction, or direct the ADC to resolve its crisis internally.
Beyond the party, the decision will reinforce or redefine the limits of judicial intervention in Nigerian political parties.
