By Taiye Agbaje
Abuja, Dec. 19, 2025 – In a ruling that underscores the judiciary’s commitment to due process, the Federal High Court in Abuja on Friday refused to grant an ex-parte application seeking to halt a planned national congress of the African Democratic Congress (ADC) under the leadership of former Senate President, Senator David Mark. The decision represents a significant, though not final, legal victory for the Mark faction in an ongoing internal party crisis that has drawn in major political figures ahead of the 2027 general elections.
Justice Emeka Nwite, in his ruling, held that it would be unjust to grant such a restraining order without first notifying the other parties involved in the broader lawsuit. “Any ex-parte application without a notice to the other parties will be overreaching,” Justice Nwite stated. “Hence, the interest of justice will be met by putting the other parties on notice.” The judge subsequently adjourned the matter until February 3, 2026, for the respondents to formally “show cause” why the requested injunctions should not be granted.
Understanding the Legal Stance: Why the Court Said No
The court’s refusal is a procedural decision rooted in fundamental legal principles, not a judgment on the merits of the leadership dispute itself. An ex-parte motion is an urgent request made by one party without the presence or prior notice of the other side. Courts grant them sparingly, typically only in extreme emergencies where immediate and irreparable harm is imminent.
Justice Nwite’s reasoning was clear: since all parties are already engaged in a substantive lawsuit before the court (FHC/ABJ/CS/1819/2025), granting a one-sided order would violate the principle of audi alteram partem—the right to be heard. The judge used a vivid analogy: “You cannot shave somebody’s head in his absence.” This ruling emphasizes that the court believes the potential harm alleged by the applicant can be addressed through the normal, contested legal process where all sides present their arguments.
Deepening the Crisis: The ADC’s High-Stakes Power Struggle
The application was filed by Nafiu-Bala Gombe, a former Deputy National Chairman of the ADC, against a backdrop of intense factionalization. The respondents named are the ADC, Senator David Mark, former Interior Minister Ogbeni Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Chief Ralph Nwosu, a former national chairman associated with a rival faction.
Gombe’s affidavit paints a picture of a party in open rebellion against its own internal legal processes. He alleges that the Mark-led faction, despite the pending lawsuit, has been:
- Conducting nationwide consultations and meetings to plan congresses and conventions.
- Issuing membership cards to high-profile defectors like former Vice President Atiku Abubakar and former Kaduna State Governor Nasir El-Rufai, thereby leveraging their influence to legitimize its control.
- Approving transition guidelines and directing state congresses, which would effectively rewire the party’s structure in its favor.
- Releasing a timetable for the Osun State governorship primary, an act Gombe claims is in direct contempt of a prior court order from September 4.
These allegations, if proven, suggest a faction moving decisively to establish fait accompli control of the party’s machinery and its valuable INEC recognition—a critical asset for fielding candidates in elections.
The Broader Political Context: Why This Case Matters
This is more than an internal party squabble. The ADC has become a focal point for a “third force” coalition in Nigerian politics, attracting prominent politicians from both the ruling and main opposition parties who are dissatisfied with the status quo. The ability of the Mark faction to openly recruit figures like Atiku and El-Rufai indicates the ADC is seen as a viable vehicle for the 2027 elections.
Therefore, control of the party’s leadership and its INEC-certified structure is an immensely valuable political prize. The court’s decision to allow the congress to proceed—for now—potentially enables the Mark faction to consolidate its hold formally, which could render aspects of the ongoing lawsuit moot if they successfully elect a new national executive.
What Happens Next? The Road to February 2026
Friday’s ruling is a procedural setback for Gombe and the Nwosu-linked faction, but not the end of the road. The substantive battle will be fought on February 3, 2026, when the court hears arguments on the motion for injunction with all parties present.
The key questions will include:
- Legitimacy of Leadership: Can Senator David Mark, allegedly still a member of the PDP, legally lead the ADC’s operations and convene its congress?
- Contempt Allegations: Did the actions taken by the Mark faction after the September 4 court order constitute contempt of court?
- Status Quo: What constitutes the legitimate “status quo” that should be preserved—the party structure before Mark’s involvement, or the current de facto situation?
INEC’s role is also crucial. One of Gombe’s sought-after reliefs is to restrain INEC from recognizing any officials elected at the disputed congress. INEC’s decision on which faction to recognize will have profound implications for the ADC’s electoral viability.
Conclusion: The Federal High Court’s refusal to issue an ex-parte injunction prioritizes judicial due process over immediate intervention in a political crisis. However, it sets the stage for a decisive legal confrontation in February 2026. The outcome will not only determine the leadership of the ADC but could also significantly reshape the coalition politics landscape ahead of the 2027 elections. For now, the David Mark faction has gained crucial time and legal space to attempt to solidify its control, ensuring that the ADC’s internal war will remain a major political and legal spectacle in the coming year.
Edited by Sadiya Hamza
