Appeal Court Dismisses David Mark’s Challenge in ADC Leadership Dispute
The Court of Appeal in Abuja has dismissed an appeal filed by former Senate President David Mark over a leadership dispute within the African Democratic Congress (ADC), awarding a cost of N2 million against him.
In its judgment delivered on Thursday, a three-member panel of the appellate court led by Justice Uchechukwu Onyemenam ruled that the appeal was incompetent and lacked merit. The court also directed that the substantive suit pending before the Federal High Court be given an accelerated hearing.
Mark had approached the appellate court to challenge a September 4, 2025 ruling by Justice Emeka Nwite of the Federal High Court, which declined to grant certain interim orders sought in an ex parte application filed by ADC chieftain Nafiu Bala Gombe.
Gombe, a former Deputy National Chairman of the party, is contesting the leadership structure of the ADC and had asked the court to restrain the Independent National Electoral Commission (INEC) from recognising Mark as National Chairman and Rauf Aregbesola as National Secretary.
When the matter first came up in September 2025, Justice Nwite declined to grant the ex parte request and instead ordered that the respondents be served so they could appear in court to explain why the reliefs sought should not be granted.
However, Mark appealed the ruling, arguing that the trial judge had effectively refused the ex parte application and therefore lacked the jurisdiction to revisit it. He also contended that the enrolled order issued by the court registry showed the application had been rejected.
But delivering the lead judgment, Justice Onyemenam upheld an objection raised by Gombe’s legal team led by Luka Musa Haruna (SAN), ruling that the appeal was based on issues not contained in the trial court’s ruling.
The appellate court held that the correct record of any judicial decision is the ruling read by the judge in open court, not the enrolled order prepared by court officials. The judge further noted that the issue of jurisdiction raised in the appeal had already been raised in a preliminary objection before the trial court and had not yet been determined
Justice Onyemenam also ruled that the appeal was invalid because it was filed without obtaining the required leave of court, noting that the matter being challenged was an interlocutory decision relating to the trial judge’s discretionary power to regulate proceedings.
The court held that the trial judge did not finally determine the ex parte application but merely directed that the opposing parties be notified and given the opportunity to respond.
Consequently, the appellate court dismissed the appeal and ordered Mark to pay N2 million in costs.
The court also directed parties involved in the dispute to maintain the status quo while ordering an expedited hearing of the substantive case before the Federal High Court.
In the suit, marked FHC/ABJ/CS/1819/2025, Gombe is seeking, among other reliefs, a declaration nullifying the emergence of the Mark-led leadership of the ADC.
Other members of the appellate panel, Justices Mohammed Mustapha and Okon Abang, agreed with the lead judgment.
