Published by Oravbiere Osayomore Promise.
The lead counsel to former Senate President David Mark at the Supreme Court, Jibrin Okutepa (SAN), has publicly commended the Independent National Electoral Commission for its “prompt and commendable” restoration of the African Democratic Congress leadership on its official portal, hours after the apex court delivered a landmark judgment in the party’s protracted leadership crisis. Okutepa, who led the legal team representing Mark, praised the commission for acting without waiting to be formally served with the court’s judgment, a move he said demonstrated respect for the rule of law and the supremacy of judicial pronouncements.
In a statement shared on his X handle on Friday, 1 May 2026, Okutepa said he was not a registered member of any political party and owed allegiance only to “the truth, justice and the Federal Republic of Nigeria.” The senior lawyer noted that when he checked the INEC portal, he found that the commission had, without prompting, restored the party’s leadership structure, including Mark as National Chairman and former Osun State Governor Rauf Aregbesola as National Secretary. “INEC, as a corporate entity, has accorded respect to the decision of the Supreme Court without pretending that it was yet to be formally served with the judgment. That is the right thing to do in the circumstances,” Okutepa said.
The Supreme Court delivered its ruling on Thursday, 30 April 2026, setting aside a “status quo ante bellum” order that had been issued by the Court of Appeal. The apex court held that the appellate court had acted without jurisdiction when it issued the preservative order after concluding proceedings in the matter. That order had forced INEC to derecognise the Mark‑led leadership on 1 April 2026, plunging the ADC into a legal and administrative vacuum. The Supreme Court also directed the parties to return to the Federal High Court for the hearing and determination of the substantive issues arising from the dispute.
Okutepa explained that the Court of Appeal’s order was the sole basis for INEC’s earlier decision to remove Mark and his executive from its portal. “The order of the Court of Appeal for the maintenance of status quo ante bellum was held to have been made without jurisdiction and was accordingly set aside,” he said. “It was that order that INEC said it acted upon when it removed Sen. David Mark and his exco from its portal.” He praised the commission for acting without awaiting a formal communication from his legal team, stating that such conduct should be the standard under the rule of law.
In his statement, Okutepa also took a swipe at what he called a “pattern of disregard for court orders” among public institutions and high‑ranking officials. “Too many in power have no respect for courts and court orders. In most cases, impunity reigns supreme in our land,” he said. He warned that court processes and orders are routinely disregarded for personal benefit, and he called on INEC to remain steadfast in protecting democracy. “INEC must do what it needs to do for the good of Nigeria and democracy. INEC must be bold and courageous to attain success in protecting and sustaining our democracy,” he added.
The dispute within the ADC stemmed from a suit filed by a former National Vice‑Chairman of the party, Nafiu Bala Gombe, who sought to restrain the Mark‑led leadership from parading themselves as national officers of the ADC. In the suit, marked FHC/ABJ/CS/1819/2025, Bala named the ADC, Mark, Aregbesola, the commission and the party’s founder, Ralph Nwosu, as defendants. The case has now been remitted to the Federal High Court for final adjudication, meaning the leadership crisis is not yet fully settled. Nevertheless, INEC’s restoration of the Mark‑led executive to its portal marks a significant administrative shift in the party’s favour.
INEC’s decision to reinstate Mark and Aregbesola was confirmed on Thursday evening, shortly after the Supreme Court’s judgment became public. Checks by TheCable and multiple other media outlets showed that the commission’s website had been updated to list Mark as National Chairman and Aregbesola as National Secretary, alongside other principal officers including Dr Mani Ibrahim Ahmed as National Treasurer, Akibu Dalhatu as National Financial Secretary, and Prof Oserheimhen Osunbor as National Legal Adviser. The commission had, in the heat of the crisis, declined to recognise any faction, citing conflicting court orders and the need to maintain neutrality pending judicial clarification.
Following the restoration, the ADC leadership welcomed the Supreme Court’s judgment, describing it as a clear validation of the party’s position. However, former Vice President Atiku Abubakar, a chieftain of the ADC, cautioned that the broader political struggle remained unresolved and that the party must remain vigilant. Despite the Supreme Court’s ruling, the substantive leadership dispute has not been conclusively decided, and the Federal High Court is now expected to hear the case on its merits.
For Okutepa, the prompt action by INEC was a rare moment of institutional adherence to the rule of law. He urged the commission to continue to act boldly and courageously in the defence of democratic processes. “On this particular occasion, I must commend INEC for the prompt restoration of the ADC leadership on its portal without waiting for letters from the legal team of Sen. David Mark,” he said. As the 2027 general elections draw nearer, the resolution – or otherwise – of the ADC leadership crisis will determine whether the party can present a united front and field candidates across the country.
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