Mark-led ADC survives as S’Court voids Ibadan PDP convention

The Supreme Court on Thursday delivered two major judgments that dramatically reshaped the internal leadership battles in the African Democratic Congress and the People’s Democratic Party.

The apex court invalidated the PDP’s controversial Ibadan convention while restoring the ADC leadership structure headed by former Senate President, David Mark.

Hours after the judgment, key leaders of the PDP, including Governors Seyi Makinde (Oyo) and Bala Mohammed (Bauchi), alongside members of the Board of Trustees and the National Executive Committee, held an emergency closed-door meeting in Abuja.

The meeting, which was held at the Bauchi House, Asokoro, Abuja, was ongoing as of the time of filing this report last night.

The high-level meeting had in attendance members of the BoT, the National Assembly Caucus, the National Executive Committee, the National Caucus, state chairmen and ex-officio members.

In the judgment delivered by Justice Mohammed Garba, the apex court restored the ADC leadership structure headed by David Mark and former Osun State governor, Rauf Aregbesola, as National Chairman and National Secretary, respectively.

The dispute arose after a suit was filed seeking interim and interlocutory injunctions restraining the INEC from recognising Mark and Aregbesola as officers of the party pending the determination of the substantive suit.

The plaintiff also sought orders restraining the duo from parading themselves as party officers, occupying the ADC national headquarters and carrying out functions connected to the disputed offices.

Proceedings reviewed by the apex court showed that when the ex parte application came up on September 4, 2025, the trial court declined to immediately grant the reliefs and instead ordered that the respondents be put on notice.

According to the proceedings cited by Justice Garba, the trial court held that “the interest of justice would be met by putting the other parties on notice” to show cause why the application should not be granted.

An appeal was later filed challenging the orders made by the lower court, including directives that parties should maintain the “status quo ante bellum” pending determination of the dispute.

However, the Supreme Court held that the trial court neither granted nor refused an application for an injunction, but merely issued procedural and preservative directions.

Garba ruled that section 241(1)(f)(ii) of the Constitution, which provides for appeals as of right in certain interlocutory matters involving injunctions, did not apply in the circumstances of the case.

The justice held that because the appeal did not arise from an actual order granting or refusing an injunction, leave of court was required before a valid appeal could be filed.

“The competence of the notice of appeal goes to the jurisdiction of the court,” the justice held, adding that failure to obtain the necessary leave rendered the appeal incompetent.

The apex court also clarified the legal scope of “status quo ante bellum” orders, describing them as preservative measures aimed at preventing parties from foisting a fait accompli on the court during pending proceedings.

Garba held that courts possess inherent jurisdiction to make preservative orders but stressed that such powers can only be exercised while proceedings remain alive.

According to him, once proceedings have been “fully, faithfully, conclusively and finally concluded,” there would be “nothing left for that court to preserve.”

The apex court consequently allowed the appeal, set aside the status quo ante bellum order and directed that pending processes before the lower court be determined in accordance with the law.

The ADC National Working Committee, National Publicity Secretary, Bolaji Abdullahi and a Presidential aspirant, Mohammed Hayatu-Deen, welcomed the judgment. They used the moment to renew their call for the resignation of the Independent National Electoral Commission Chairman, Prof Joash Amupitan, citing concerns around electoral integrity and institutional neutrality.

The ADC described the decision as a validation of its leadership and a confirmation that INEC’s de-recognition of the Mark-led leadership was wrong.

The statement read in part, “Today’s decision is an unequivocal affirmation that our party, its structures, and its leadership under our National Chairman, Senator Mark, and our National Secretary, Ogbeni Aregbesola, are legitimate. It lays to rest all contrived disputes and manufactured uncertainties, and reinforces the principle that the rule of law, not political manipulation, must guide the affairs of our democracy.

“We commend the five-man panel of the Supreme Court, whose unanimous judgment has today done great credit to the judiciary in our country and our political system. However, while we welcome this judgment, we do not mistake it for the end of the struggle.’’

The ADC urged all its members, supporters, and democratic stakeholders nationwide to stay vigilant.

“In light of this ruling, the ADC reaffirms its long-standing position that Prof. Joash Amupitan, the Chairman of the Independent National Electoral Commission, must resign. The circumstances surrounding this matter, now clarified by the Supreme Court, point to either a grave failure of judgment or a deliberate act of bad faith.

‘’Whichever it is, the outcome is the same: the integrity and neutrality required of the office have been compromised. Nigeria’s democracy cannot afford an electoral umpire whose actions raise legitimate questions about impartiality.

“INEC must now restore the recognition of the David Mark-led leadership on its website, and in all formal channels of communication.”

On his part, ADC presidential aspirant Hayatu-Deen, in a statement issued by his media office, said the judgment represents a significant affirmation of the rule of law and the primacy of due process in Nigeria’s democratic journey.

In the PDP case, the apex court nullified the party’s national convention held in Ibadan, Oyo State, on November 15 and 16, 2025, stating that the exercise was conducted in defiance of a subsisting court order.

A five-member panel of the apex court, in a split decision, dismissed the appeal filed by a faction of the party led by former Minister of Special Duties, Taminu Turaki (SAN), and affirmed the concurrent decisions of the Federal High Court and the Court of Appeal, which nullified the Ibadan convention.

Delivering the lead judgment in appeal number SC/CV/164/2026, Justice Stephen Adah held that the appellants acted in flagrant disobedience of a subsisting order of the Federal High Court restraining them from proceeding with the convention pending compliance with earlier directives of the court.

“The disobedience of the court order is not disputed,” Adah declared, adding that what transpired amounted to “a threat to the administration of justice in Nigeria.”

The apex court consequently dismissed both the appeal and cross-appeals and ordered parties to bear their respective costs.

The dispute stemmed from the controversial convention organised by the Taminu Turaki-led faction despite pending court orders and unresolved disputes over congresses conducted in several states.

Aggrieved party members had approached the Federal High Court in Abuja, arguing that the organisers failed to comply with statutory requirements under the Electoral Act and the PDP constitution before proceeding with the convention.

The trial court subsequently restrained the party from conducting the exercise pending compliance with its directives.

Despite the order, however, the convention went ahead in Ibadan and produced a factional leadership structure, triggering fresh litigation and accusations of forum shopping within the party.

In its judgment, the Supreme Court strongly condemned what it described as deliberate attempts by political actors to undermine judicial authority by obtaining conflicting orders from courts of coordinate jurisdiction.

Instead of obeying the subsisting order of the Federal High Court or pursuing lawful appellate remedies, the jurist said the appellants allegedly approached another High Court in Ibadan to secure orders enabling them to proceed with the convention.

“The appellant did not go on appeal but went to another High Court where they secured orders overriding the existing order of the Federal High Court and carried on with the party convention,” the justice affirmed.

The apex court described the conduct as “an unparalleled abuse of court process” which struck “at the very roots of the administration of justice system.”

Adah warned that continued disregard for court orders by politicians posed grave dangers to constitutional democracy and the rule of law.

“The rule of law is not an ornament, revoked, destroyed or discarded in practice. It is the fundamental architecture on which the legitimacy of governance rests,” he stated.

He added that once political actors begin to treat lawful judicial processes as optional, “the very essence of constitutional democracy is imperilled.”

The court further pointed out that political parties, though voluntary associations, derive their legal existence from the Constitution and must therefore operate within constitutional and judicial limits.

Relying on sections 221, 222 and 229 of the 1999 Constitution, the apex court averred that political parties remain constitutional institutions established for participation in governance and elections and are therefore bound by lawful court orders.

Adah also upheld the findings of the lower courts that abuse of court process had been established after the PDP faction obtained what was described as a counter-order from a court of coordinate jurisdiction in Ibadan.

The Court of Appeal had, in its March 9 judgment, affirmed the earlier decision of the Federal High Court and held that the convention violated subsisting judicial orders and established legal procedures.

Dissatisfied, the Turaki-led faction proceeded to the Supreme Court seeking orders validating the convention, but the apex court rejected the appeal in its entirety.

Reacting, the bloc led by Governor Makinde declared that the PDP is currently without a defined leadership following the ruling of the Supreme Court. It expressed confidence that the party’s constitutional organs would swiftly step in to rescue the situation and reconstitute its leadership.

The group’s National Publicity Secretary, who stated this in a statement on Thursday, claimed that the split judgment also upheld the Court of Appeal’s suspension of Kamaldeen Ajibade (SAN), Anyanwu, and others.

The bloc argued that three Justices (Chioma Nwosu-Iheme, Stephen Adah, and Garba) based their ruling on the disregard of a valid, subsisting Federal High Court judgment and held that, being in contempt, the appellants could not be heard by the apex court, leading to the dismissal of the appeal.

The statement read in part, “However, the minority judgments by Justices Haruna Tsammani and Abubakar Umar held that the two appeals emanate from matters which are internal affairs of the PDP and are, therefore, non-justiciable. The case at the FHC was not challenging any act or decision of any federal government agency but the leadership contest of the party, and is therefore not justiciable.

“Furthermore, they held that it is not the duty of the court to fish out matters to execute the case for the respondent, because the majority judgment undertook the duty of raising matters suo motu without calling on the parties to address them. This is against the position of the apex court, wherein parties must be allowed to address the court on matters raised suo motu.’’

It further noted, “With this split judgment, which also upheld the Court of Appeal’s suspension of Ajibade, SAN, Anyanwu, and others, this effectively leaves the PDP as a party without a defined leadership.

“To this end, we are certain that the existing organs of the party will take the necessary steps to salvage the party and confer leadership on it going forward. This leads the vehicle of our party towards a dangerous bend, which, if not carefully navigated, may not only affect the party but also multi-party democracy in our country.”

Reacting, Ini Ememobong, the National Publicity Secretary for the bloc led by Makinde, in a statement, declared that the PDP is currently without a clear leadership, insisting that the relevant party organs will have to step in to restore order and determine the next line of action.

In an interview with our correspondent, Ememobong vowed that they would not leave the party for the faction led by the FCT Minister, Nyesom Wike.

The Makinde camp’s publicity secretary stated, “So, the relevant organs of the party will step in and decide the best approach to follow through the process. The purpose of the cross-appeals, particularly in relation to the suspensions and related appearances, was considered, and the appeals were dismissed. So what this means is clear.

“We are not leaving the party for Wike’s group, and the party remains intact. Nigerians should expect that the uncompromised PDP will continue to fight for the soul of the party. It is high time Nigerians took their destiny very seriously, including their political destiny, because the economy and development are tied to political choices.’’

Speaking on the situation, the PDP Board Trustees Chairman, Adolphus Wabara, in a statement on Thursday, said the organ has immediately assumed leadership of the PDP as a constitutional step to promote reconciliation, stabilise the party, and restore its political strength.

The statement read, “It is with the utmost sense of duty and responsibility that the Board of Trustees of the Peoples Democratic Party assumes leadership of our great party today, Thursday, 30th April, 2026, pursuant to the empowering provisions of the Constitution of the PDP (as amended in 2017). This constitutional intervention of the BoT is to ensure that there is no leadership vacuum at the national level of our party following the judgment of the Supreme Court.

“Sadly, the Supreme Court today delivered an unpleasant judgment against our party in which it pronounced the invalidation of the 15th to 16th November 2025 National Convention of the PDP held in Ibadan, Oyo State, which produced the Kabiru Tanimu Turaki-led National Working Committee of our party.

“While the Supreme Court invalidated the Ibadan Convention, it also, in a unanimous decision of the five Justices on the panel, upheld the suspension of Senator Samuel Anyanwu, Hon. Umar Bature, and Kamaldeen Ajibade as National Secretary, National Organising Secretary, and National Legal Adviser, respectively, from the party.

“The implication of today’s judgment by the Supreme Court is that all actions taken by Senator Samuel Anyanwu, Hon. Umar Bature, and Barr. Kamaldeen Ajibade, including the appointment of Abdulrahman Mohammed as Acting National Chairman, the composition of the National Caretaker Working Committee, and the conduct and outcome of the March 29th, 2026 Convention in Abuja, are illegal, null, and ab initio void.”

Wabara explained that the invalidation of both the Mohammed-led and Turaki-led working committees places the responsibility of leadership on the BoT as the party’s second-highest organ, in line with section 32(5) of the PDP Constitution (as amended in 2017).

He continued, “Against this backdrop, the BoT hereby immediately assumes responsibility of the national working leadership of the PDP as an immediate constitutional remedial step to foster genuine reconciliation, salvage, stabilise, and return the party to good political health.

“In light of the foregoing, an emergency meeting of the National Executive Committee, pursuant to the provisions of section 31 of the Constitution of the PDP, will be summoned to, among other things, appoint an Interim National Working Committee to take charge of the National Secretariat of our party and pilot the affairs of the party at the national level to meet all the timelines in the Electoral Act, 2026, and ensure that the PDP fields candidates and also emerges victorious in all elective positions in the 2027 general elections.

“Consequently, all staff of the PDP are hereby directed to resume at the National Secretariat of the party under the leadership of the BoT ahead of the appointment of the Interim National Working Committee.

“The BoT commends the courage, effort, and resilience of our governors, Bala Mohammed and Seyi Makinde, the National Assembly caucus, the National Ex-Officio members, the Forum of PDP State Chairmen and State chapters, the Youth and Women Wings, and other organs and bodies in the PDP for standing strong for the party at this trying time.”

The BoT called on all party leaders and members to drop personal and group interests and unite as one family in the interest of the party, democracy, and the well-being of millions of Nigerians who depend on the PDP.

“The PDP has suffered enough; the painful victims of this unfortunate episode are the Nigerian people. The time has therefore come for us to make sacrifices, sheathe our swords, and embrace genuine reconciliation for lasting peace and chart a new course for our party,’’ it added

The PDP faction led by the FCT minister described the verdict as a major validation that further solidifies the position of Abdulrahman Muhammad’s National Working Committee and strengthens its authority within the party structure.

The bloc’s spokesman, Jungudo Mohammed, contended that the Supreme Court has done justice, adding that it has brought an end to the factional crisis in the PDP.

“Yes, it is a well-delivered judgment. Justice has been done. The Supreme Court upheld the judgment of the Federal High Court and the Court of Appeal, and this further solidifies the leadership of Abdulrahman Muhammad as the authentic and only leader of the PDP. From today, the Supreme Court has brought an end to the issues of factions in the PDP. Nobody should claim any faction, and nobody should ascribe any position to himself.

“The judgment today has strengthened our belief that adherence to the rule of law, adherence to and playing politics by the rules, by adhering strictly to party rules, party guidelines and other extant laws, is the only way to go about it.’’

On Ememobong’s statement that the PDP is now without leadership, Mohammed retorted, “This is laughable, and Ini Ememobong is only trying to console himself and his other followers. The Supreme Court never mentioned anything like that. The Supreme Court only dismissed the appeal and did not make any order or consequential order.

“This is how they have been misinterpreting the judgments upside down to the extent that the Supreme Court frowned at what they have been doing, disobeying valid court judgments.

“The crux of today’s judgment lies in the fact that the court found them wanting in disobedience to a valid court judgment, and what led them into doing that is reading the judgment upside down and then saying things that will suit them and equally suit their followers.’’

After months of prolonged internal conflict, the PDP split into two main factions, one aligned with Governors Makinde and Mohammed and Tanimu Turaki (SAN), and the other backed by Wike under the leadership of Mohammed and Senator Samuel Anyanwu.

Similarly, the ADC also fractured into three factions: the coalition group led by Mark, the camp of the party’s 2023 presidential candidate, Dumebi Kachikwu, led by Kingsley Ogah, and the faction headed by Nafiu Gombe.

The apex court judgments are expected to significantly reshape political calculations within both opposition parties ahead of the 2027 general elections.

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