The supreme court has fixed April 14 for the hearing of an appeal filed by David Mark, national chairman of the African Democratic Congress (ADC), against a suit filed by Nafiu Bala, a former deputy national chair, challenging his leadership.
In the appeal marked SC/CV/180/2026, Mark is asking the court to grant an order staying the execution of the court of appeal’s ruling delivered on March 12.
According to NAN, the hearing notice was sent to the parties in the case on Friday through the litigation department of the supreme court.
Emeka Nwite, judge of the federal high court, Abuja (the trial court), had earlier fixed the same date for the hearing of the suit filed by Bala against Mark’s leadership of the party.
While both cases are scheduled for Tuesday, the lower court may step down the matter or adjourn proceedings pending the hearing at the apex court, in deference to the hierarchy of courts.
In the appeal filed by Realwan Okpanachi, his lawyer, Mark prayed the court for an order staying execution of the appellate court’s judgement pending the hearing and determination of his appeal.
Bala, ADC, Rauf Aregbesola (national secretary), the Independent National Electoral Commission (INEC), and Ralp Nwosu (founder of ADC) are named as the first to fifth respondents, respectively.
Mark urged the court to restrain INEC from altering the party’s current national leadership structure, as constituted and represented by him, pending the hearing and determination of the appeal.
He also sought an order staying further proceedings in suit number FHC/ABJ/CS/1819/2025, pending before Nwite, judge of the federal high court.
Background
On September 2, 2025, Bala asked the federal high court to restrain INEC from recognising Mark-led executives and to recognise only him as acting national chairman.
Bala maintained that he never resigned his position as national vice-chairman and argued that he ought to have assumed leadership in line with the party’s constitution following Nwosu’s exit as national chairman.
He later declared himself national chairman.
He also filed motions seeking to stop the party from holding meetings, congresses, or conventions pending the determination of the suit.
The motion ex parte was heard on September 4, 2025. Nwite, the presiding judge, directed that the respondents, including INEC, be put on notice to show cause why the motion ex parte should not be granted.
Dissatisfied with an interim ruling, Mark filed an appeal challenging the jurisdiction of the federal high court to continue to hear Bala’s suit.
However, on March 12, 2026, the court of appeal dismissed Mark’s case in its entirety, holding that it was incompetent and unmeritorious.
The court of appeal directed parties to return to the trial court and maintain the status quo ante bellum pending the determination of the suit.
On April 1, INEC announced that it would no longer recognise the factions of the ADC led by Mark or Bala, following its review of the court of appeal judgement.
The commission also said it would refrain from engaging with both groups or monitoring their meetings, congresses, and conventions.
In response to INEC’s decision, the Mark-led faction filed a motion asking the court to compel the commission to restore their names and recognise them as members of the party’s national working committee (NWC).
The motion, filed on April 7 by Sulaiman Usman, a senior advocate of Nigeria (SAN), also seeks an accelerated hearing of the case.
Mark has also filed a preliminary objection challenging the competence of the suit, arguing that Bala lacks the locus standi to institute the action, having resigned his position as national vice-chairman of the party.
Mark said the suit is based on “falsehood and suppression of material facts” and relates to the internal affairs of a political party, which he said are not justiciable
