By TAIYE AGBAJE

The Supreme Court will on Tuesday hear an appeal filed by Sen. David Mark, the embattled National Chairman, African Democratic Congress (ADC).

Mark is seeking an order staying the execution of the March 12 judgment of the Court of Appeal.

The apex court, in a hearing notice with appeal number: SC/CV/180/2026 between Sen. Mark vs Hon. Nafiu-Bala Gombe and four others, said the proceeding is scheduled for April 14.

The hearing notice, sent to the parties in the case through the Litigation Department of the Supreme Court on Friday was sighted by the News Agency of Nigeria (NAN) on Sunday in Abuja.

The hearing date coincides with the date earlier fixed by the trial judge, Justice Emeka Nwite of the Federal High Court (FHC), Abuja.

Although the two cases will be coming up on Tuesday, NAN learnt that the lower court may, however, step down the matter or adjourn its matter pending the hearing at the apex court, in line with the superiority of courts.

Mark, the appellant in the appeal, had named Hon Nafiu-Bala Gombe, ADC, Ogbeni Rauf Aregbesola, Independent National Electoral Commission (INEC) and Chief Ralp Nwosu as 1st to 5th respondents respectively.

Mark, in the motion on notice filed by his lawyer, Realwan Okpanachi, prayed the court for an order of stay of execution of the appellate court’s judgment pending the hearing and determination of his appeal.

He also sought an order restraining INEC from acting on the Appeal Court’s judgment by recognising any person(s) other than him and the existing national officers of ADC, pending the hearing and determination of his appeal.

Mark, the former Senate president, further prayed the apex court for an order, restraining INEC from tampering with the national leadership structure of the party as presently constituted and represented by him, pending the hearing and determination of the appeal.

Besides, he sought an order staying further proceedings in suit number: FHC/ABJ/CS/1819/2025, pending before Justice Nwite, the trial judge, at FHC, pending the hearing and determination of his appeal at the apex court.

The motion on notice was brought by his lawyer pursuant to Sections 6(6)(a) and 233 of the 1999 Constitution (as amended); Order 4, Rule 1 of the Supreme Court’s Rules 7074 and under the inherent jurisdiction of the court.

Giving 12-ground argument, Okpanachi said the Court of Appeal delivered judgment in appeal number: CA/ABJ/CV/145/2026 on March 12.

He said Mark, being dissatisfied with the said judgment, filed a notice of appeal to the Supreme Court on March 16 and the record of appeal was duly compiled and transmitted on March 31.

According to the lawyer, the appeal has been duly entered before this honourable court as appeal number: SC/CV/180/2026.

He said one of the orders made by the Appeal Court was that parties should maintain status quo ante bellum.

“The 1st respondent (Gombe) has been relying on the said order to write to the 4th respondent (INEC), urging it to refrain from dealing with or recognising the appellant (Mark) and other national officers of the 2nd respondent (ADC).

“The actions of the 1st respondent (Gombe) amount to attempted enforcement of the judgment of the Court of Appeal,” he said.

The lawyer, however, said Mark had filed a competent appeal, challenging the entire judgment of the Court of Appeal.

“Unless this application is granted, the judgment of the Court of Appeal will be enforced and the appeal rendered nugatory.”

Okpanachi, who submitted that the appeal had raised substantial and arguable issues of law, stated that the balance of justice favours the grant of the application.

“It is in the interest of justice to preserve the res and protect the authority of this honourable court,” he prayed.

NAN reports that INEC had, on April 1, removed the names of Mark and Aregbesola from its official portal and website as ADC’s national chairman and national secretary respectively, following the Appeal Court’s judgement.

In reaction to INEC’s decision, Mark filed a motion on notice before Justice Nwite on April 7 by his new lawyer, Sulaiman Usman, SAN, praying the court to order the commission to restore their names as it were, prior to the institution of the suit by Gombe.

He also sought an order for accelerated hearing of the case and the judge fixed April 14 for hearing.

NAN reports that Gombe, in the suit marked: FHC/ABJ/CS/1819/2025, at the FHC had sued ADC, Mark, Aregbesola, INEC and Nwosu as 1st to 5th defendants respectively.

Nwosu was the former ADC National Chairman who stepped down for David Mark leadership.

Gombe, who was former National Deputy Chairman of ADC, had urged Justice Nwite to restrain Mark and Aregbesola from further parading themselves as national chairman and national secretary of the party.

The aggrieved ex-deputy national chairman had argued that the emergence of Mark and Aregbesola as party’s leaders breached the provisions of the party’s constitution and the Electoral Act.

The judge had, on Sept. 4, 2025, declined to grant an ex-parte motion filed by Gombe, seeking to stop Mark-led leadership of the ADC, pending the hearing of his substantive suit.

Nwite had refused the three prayers sought in the ex-parte motion filed by Gombe and moved by his lawyer, Michael Agber.

Rather, the judge had directed Gombe, the plaintiff in the suit, to put all the defendants on notice to show cause why the motion should not be granted.

The judge then adjourned the matter until Sept. 15, 2025, for the defendants to show cause.

However, the Mark-led ADC approached the court of appeal, challenging the lower court’s jurisdictional power to hear the suit and the appellate court ordered the parties to go back to the trial court and maintained status quo ante bellum pending the determination of the case. (NAN)

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