The Pathfinder
Thursday April 30, 2026
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The Supreme Court of Nigeria has set aside the Court of Appeal’s order maintaining the status quo in the leadership dispute within the African Democratic Congress (ADC), directing that the matter be returned to the Federal High Court for full hearing on its substantive merits.
In a unanimous decision delivered by a five-member panel, the apex court held that the appellate court’s preservatory directive, meant to maintain the existing state of affairs pending resolution of the dispute was no longer appropriate in the circumstances of the case.
The court faulted the continuation of interim arrangements after the appeal process had been disposed of, stressing that procedural or preservatory orders cannot replace a full judicial determination of the underlying issues. It therefore ordered that the substantive questions relating to the legitimate leadership of the ADC be determined at the trial court level.
The dispute centres on rival claims to the party’s national leadership, involving factions associated with former Senate President David Mark and former Osun State Governor Rauf Aregbesola on one side, and other stakeholders challenging the legality of the existing leadership structure on the other.
The Court of Appeal had earlier issued an order maintaining the status quo ante bellum, effectively freezing the leadership situation pending further proceedings. That order had significant political and administrative implications, including uncertainty over which faction is recognised as the authentic leadership of the party.
With the Supreme Court’s latest intervention, that appellate freeze has now been set aside, returning the matter to the Federal High Court for accelerated hearing. However, the apex court did not make any pronouncement on the substantive legitimacy of either faction.
The ruling effectively resets the litigation to the trial stage, where parties will be required to fully ventilate their claims through evidence and legal argument. Until that process is concluded, the question of who validly controls the ADC remains unresolved.
Analytically, the decision underscores the Supreme Court’s consistent position that internal party disputes must be resolved on their merits at trial level, rather than being indefinitely managed through interim appellate orders. It also signals judicial caution against procedural decisions that may have the effect of freezing political structures without substantive adjudication.
For the ADC, the ruling prolongs an already protracted leadership crisis, even as it removes one layer of appellate uncertainty. The decisive battle now shifts back to the Federal High Court, where the final legal determination of the party’s leadership structure is expected to be made.
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