Supreme Court Dismisses David Mark’s Application For Stay Of Execution

The Supreme Court has thrown out an application seeking a stay of execution of a Court of Appeal judgment that led the Independent National Electoral Commission (INEC) to withdraw recognition of the Senator David Mark-led leadership of the Action Democratic Congress (ADC).

The decision was made on Tuesday after counsel to Senator Mark, Jibril Okutekpa (SAN), withdrew the application before a five-member panel of the apex court headed by Justice Lawal Garba.

Okutekpa told the court that INEC’s interpretation of the Court of Appeal ruling delivered on March 12 had left the party without clear leadership.

He also argued that the “status quo antebellum” order was responsible for the leadership vacuum within the ADC, and urged the court to treat the matter urgently due to the approaching elections.

Read Also: Supreme Court Fixes Date For Hearing On ADC Leadership Tussle

The Supreme Court, in response, issued procedural directives aimed at expediting the case, including abridging the time for filing briefs and replies, given its urgency ahead of the 2027 general elections.

It also fixed April 22, 2026, for the hearing of the substantive appeal.

The dispute originated from a suit filed by Nafiu-Bala Gombe, a former Deputy National Chairman, who is challenging the legitimacy of the David Mark and Rauf Aregbesola-led leadership of the ADC.

INEC has since declined to recognize any faction pending the final resolution of the dispute.

Gombe is seeking, among other reliefs, to stop Mark, Aregbesola, and others from presenting themselves as party leaders and to restrain INEC from recognizing them.

Following the Court of Appeal’s “status quo” order, INEC had on or about April 1, 2026, removed the names of Mark and Aregbesola from its records as national leaders of the party.

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