Senator David Mark Remains The ADC National Chairman.
- He was never nullified and would never be!
Summary of the judgement
- The Court of Appeal of Nigeria did not resolve the substantive leadership dispute within the African Democratic Congress (ADC) but addressed procedural aspects of the case.
- The dispute originated from a suit filed by Nafiu Bala Gombe challenging the leadership positions of David Mark and Rauf Aregbesola within the ADC.
- The Federal High Court declined to grant ex parte orders to withdraw recognition from the current ADC leadership, emphasizing the principle of audi alteram partem, which ensures both parties are heard.
- Senator David Mark’s appeal against the procedural ruling was dismissed by the Court of Appeal due to procedural incompetence, as it was filed without the required leave of court.
- The Court of Appeal did not invalidate the leadership of David Mark or remove Rauf Aregbesola, nor did it grant any reliefs sought by the plaintiff.
- The appellate court ordered the status quo to be maintained, meaning the current leadership structure remains unchanged until the substantive suit is resolved.
- The Court of Appeal directed that the substantive case be heard on an accelerated basis to resolve the underlying issues promptly.
- The decision was purely procedural, focusing on the competence of the appeal, and did not address the substantive leadership controversy.
- The existing national leadership of the ADC under Senator David Mark remains in place until the Federal High Court determines the merits of the case.
- Party members are advised to rely on the actual legal effect of the ruling rather than speculative interpretations, as the judgment does not alter the current leadership of the ADC.
