The Supreme Court will on Tuesday hear an appeal filed by the embattled National Chairman of the African Democratic Congress, Senator David Mark.
Mark is seeking an order staying the execution of the March 12 judgment of the Court of Appeal.
The apex court, in a hearing notice with appeal number SC/CV/180/2026 between Sen. Mark vs Hon. Nafiu-Bala Gombe and four others, said the proceeding is scheduled for April 14.
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 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, 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 proceedings pending the hearing at the apex court, in line with the hierarchy of courts.
Mark, the appellant in the appeal, has named Hon. Nafiu-Bala Gombe, ADC, Ogbeni Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Chief Ralph Nwosu as 1st to 5th respondents respectively.
Mark, in the motion on notice filed by his lawyer, Realwan Okpanachi, prayed the court for an order of stay of 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 Court of Appeal’s judgment by recognising any person(s) other than him and the existing national officers of the ADC, pending the hearing and determination of his appeal.
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 No: FHC/ABJ/CS/1819/2025 pending before Justice Nwite at the 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 Rules, 2024, and under the inherent jurisdiction of the court.
Giving a 12-ground argument, Okpanachi said the Court of Appeal delivered judgment in Appeal No: CA/ABJ/CV/145/2026 on March 12.
He said Mark, being dissatisfied with the said judgment, filed a notice of appeal to the Supreme Court on March 16, and that the record of appeal was duly compiled and transmitted on March 31.
According to the lawyer, the appeal has been duly entered before this honourable court as Appeal No: SC/CV/180/2026.
He said one of the orders made by the Court of Appeal was that parties should maintain status quo ante bellum.
“The 1st respondent (Gombe) has been relying on the said order to write to the 4th respondent (INEC), urging it to refrain from dealing with or recognising the appellant (Mark) and other national officers of the 2nd respondent (ADC).
