The Court of Appeal in Abuja has dismissed an appeal by Senator David Mark, the National Chairman of the African Democratic Congress (ADC), regarding a leadership dispute within the party.
Mark was challenging a September 4, 2025, ruling by Justice Emeka Nwite of the Federal High Court, which had declined to grant an immediate injunction against his leadership and that of National Secretary Rauf Aregbesola.
The legal battle was initiated by Nafiu Bala Gombe, a former Deputy National Chairman of the ADC, who is challenging the legitimacy of Mark and Aregbesola’s roles.
When Gombe sought an ex parte order to stop the duo from parading themselves as party leaders, Justice Nwite instead ordered that the respondents be put on notice to explain why such an order should be granted.
Read Also: Abaribe, Umeh, Kingibe, Six Other Senators Defect To ADC
Mark appealed this, arguing the judge had effectively refused the application and lost jurisdiction.
Trending Now:
However, a three-member appellate panel led by Justice Uchechukwu Onyemenam upheld Gombe’s preliminary objection, ruling the appeal was incompetent.
Justice Onyemenam held that the Court of Appeal cannot rule on issues that the trial court has not yet decided, such as the jurisdictional question.
She further noted that Mark’s claim that the application was refused was not supported by the ruling delivered in open court.
Read Also: What Forced My Defection To APC – Governor Lawal
The judge also criticized Mark for relying on a registrar’s enrolled order rather than the judge’s actual pronouncement, stating that the authentic record is what the judge says in court.
The appellate court also found the appeal invalid because Mark failed to obtain the necessary leave of court before filing it.
Justice Onyemenam explained that the directive to put parties on notice was a discretionary, interlocutory move that requires permission to appeal.
Consequently, the court dismissed the appeal as lacking merit, awarded N2 million in costs against Mark, and ordered an accelerated hearing of the main suit.
In the meantime, all parties have been directed to maintain the status quo.
