The Supreme Court will on Tuesday hear an appeal filed by David Mark, the embattled National Chairman of the African Democratic Congress, ADC.
Mark is seeking an order staying the execution of the 12 March judgment of the Court of Appeal.
The apex court, in a hearing notice with appeal number: SC/CV/180/2026 between Mr Mark vs Nafiu-Bala Gombe and four others, said the proceeding is scheduled for 14 April.
The hearing notice, sent to the parties in the case through the Litigation Department of the Supreme Court on Friday was sighted by the News Agency of Nigeria (NAN) on Sunday in Abuja.
The hearing date coincides with the date earlier fixed by the trial judge, Justice Emeka Nwite of the Federal High Court (FHC), Abuja.
Although the two cases will be coming up on Tuesday, NAN learnt that the lower court may, however, step down the matter or adjourn its hearing, pending the hearing at the apex court, in line with the superiority of courts.
Mr Mark, the appellant, named Nafiu-Bala Gombe, ADC, Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Ralp Nwosu as the 1st to 5th respondents, respectively.
Mr Mark, in the motion on notice filed by his lawyer, Realwan Okpanachi, prayed the court for an order staying execution of the appellate court’s judgment pending the hearing and determination of his appeal.
He also sought an order restraining INEC from acting on the Appeal Court’s judgment by recognising any person(s) other than him and the existing national officers of ADC, pending the hearing and determination of his appeal.
Mr Mark, a former Senate president, further prayed the apex court for an order, restraining INEC from tampering with the national leadership structure of the party as presently constituted and represented by him, pending the hearing and determination of the appeal.
Besides, he sought an order staying further proceedings in suit number: FHC/ABJ/CS/1819/2025, pending before Justice Nwite, the trial judge at FHC, pending the hearing and determination of his appeal at the apex court.
The motion on notice was brought by his lawyer pursuant to Sections 6(6)(a) and 233 of the 1999 Constitution (as amended); Order 4, Rule 1 of the Supreme Court’s Rules 7074 and under the inherent jurisdiction of the court.
According to the lawyer, the appeal has been duly entered before this honourable court as appeal number: SC/CV/180/2026.
judgment of the Court of Appeal will be enforced and the appeal rendered nugatory.”
Mr Okpanachi, who submitted that the appeal raised substantial and arguable issues of law, stated that the balance of justice favours the grant of the application.
“It is in the interest of justice to preserve the res and protect the authority of this honourable court,” he prayed.
