Supreme Court rulings leave ADC, PDP with lingering headaches
Thursday’s court decisions have left the African Democratic Congress (ADC) and the People’s Democratic Party (PDP) facing uncertainty and division as they look ahead to the 2027 general election, reports
Thursday's court decisions have left the African Democratic Congress (ADC) and the People's Democratic Party (PDP) facing uncertainty and division as they look ahead to the 2027 general election, reports Deputy Political Editor Raymond Mordi
On Thursday, the Supreme Court delivered two important judgments that could shape the 2027 presidential race. Although described as technical, these rulings have disrupted opposition alliances, unsettled party structures, and shortened timelines in ways few expected.
In one case, a unanimous panel reinstated former Senate President David Mark as leader of the African Democratic Congress (ADC). However, the main dispute was referred to the trial court, leaving the party's leadership in legal limbo.
In another case, a narrow 3-2 majority of the Supreme Court nullified the People's Democratic Party (PDP)'s Ibadan convention and the Tanimu Turaki-led National Working Committee (NWC), leaving the party without clear leadership as the election approaches.
These rulings go beyond legal matters. By May 10, 2026, all political parties must submit digital membership registers to the Independent National Electoral Commission (INEC). According to the Electoral Act, anyone not listed by then cannot run in the 2027 elections.
What could have been internal party issues has now become a serious threat. The main question is whether the opposition can recover in time.
ADC unravels
The Supreme Court's decision on the ADC was, on its face, procedural. The justices held that the Court of Appeal had erred by issuing a preservative order after dismissing the underlying appeal as incompetent. Once a matter is concluded, they reasoned, interim orders cannot survive it.
That finding cleared the way for David Mark's reinstatement—but only in a limited sense. The court declined to determine who legitimately controls the party and remanded the substantive dispute to the Federal High Court.
For now, the ADC operates under temporary leadership until the main issue is resolved. Any major decisions, such as choosing candidates or forming alliances, could be reversed depending on the lower court's ruling.
This legal fragility is compounded by parallel litigation. A separate Federal High Court judgment has already questioned the validity of congresses conducted by the Mark faction, arguing that without properly constituted state executives, the processes lack constitutional grounding.
For a party that was once seen as a possible base for a broad opposition coalition, these developments are serious. The party must make strategic decisions even while legal clarity remains pending.
PDP implodes
While the ADC ruling brought uncertainty, the PDP judgment left the party without clear leadership.
In invalidating the Ibadan convention, the Supreme Court reaffirmed a longstanding principle: actions taken in defiance of court orders cannot be legitimised after the fact. The majority held that the convention, having proceeded despite judicial restraint, was void from the outset.
The immediate consequence is stark. The Turaki-led NWC no longer exists under the law, and INEC has been directed to withdraw its recognition.
The party now lacks an authorised executive body at a crucial time. The Board of Trustees (BoT) has stepped in temporarily. Still, it is unclear whether it has the authority to carry out key electoral tasks, such as compiling and submitting membership registers.
Within the party, the decision changes the balance of power but does not resolve internal conflicts. The group aligned with the Federal Capital Territory (FCT) minister, Nyesom Wike, is now stronger but not officially in charge. The other group must decide whether to remain in the party or look for other options.
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Chief Chekwas Okorie, founding National Chairman of the All Progressives Grand Alliance (APGA), watched the events unfold from his home in Enugu. As an experienced political leader, he offered a direct analysis.
“The Supreme Court ruling on the ADC crisis is a cheap trap, which I don't expect the David Mark-led leadership to fall into, given the team's experience,” Okorie said. “Only a politically naive person would fall for that trap.”
Asked to elaborate, he dissected the ruling with surgical precision: “The only thing the Supreme Court did was to say that the INEC's interpretation of the Appeal Court judgment was wrong. The ruling called on all the parties to return to the status quo. In other words, the apex court has advised both parties to proceed immediately to the substantive matter. Both sides have been directed to return to the trial court. Whichever side wins at that level will go to the appellate court and ultimately to the Supreme Court.
“When will the matter be decided finally? Before then, the election would have been over. They don't have time for all that. By May 10, in line with the Electoral Act 2026, all political parties must submit their digital membership list. Any person whose name is not on that register will not be able to use that platform to contest next year. The ADC has lost the opportunity to serve as a vehicle for anyone to contest an elective position in 2027. That is as clear as daylight. The coalition has been permanently ruined.”
His advice to the Mark faction was blunt: “If they have any political wisdom, they should immediately activate their Plan B, proceeding to a party that is unencumbered. They can leave David Mark and his leadership team to hold the fort at the ADC, since they are not contesting for any elective office.”
On the Ibadan agreement for a single opposition candidate, Okorie was categorical: “That agreement is no longer viable. The coalition would probably split into two groups: those who want to go with Obi to his preferred party would follow him. The others who believe in Atiku would join him in another party. It's like a piecemeal implementation of that agreement.”
Okorie predicted that Nigerians will witness major political realignments in the coming week.
Taofik Gani, a lawyer and former Lagos PDP publicity secretary, shared an insider's view of the current political situation.
“I haven't read the judgment, but I've seen the summary,” Gani began, caution in his voice. “The implication is that the Nyesom Wike-led faction has been given the upper hand.”
He said Wike's bid to deny the PDP a presidential candidate would backfire. His words: “Wike is just being clever by half. It cannot apply to the presidency alone; once you ask your supporters to vote for the APC in the presidency, they will eventually vote for the party in other elective positions, particularly the Senate and the House of Representatives. Usually, when three elections are held on the same day, people are likely to vote for the same party in all three. As it is often said, if you like a man, you like his dog.”
On the Turaki faction's fate, Gani was direct: “The courts' pronouncement today means the Turaki faction has no legality, no legitimacy, and no business to exist. Members of that faction must find another way out—either remain in the party or move on. They can move to another political party to thwart Wike's hidden agenda.”
On the ADC ruling, Gani aligned with Okorie's warning: “The Supreme Court based its judgment solely on the Appeal Court's interpretation of the ruling. The substantive case remains. If the David Mark-led leadership proceeds to nominate candidates on the ADC platform, those nominations may be overturned by a subsequent court ruling. I was shocked when some ADC leaders insisted they would remain because they had invested a lot in that platform. This would amount to a terrible political decision. It is not for you to be gallivanting and arrogantly, stupidly remain in the party that cannot have the legitimacy to achieve your ambition.”
Professor Farooq Kperogi, a well-known media scholar and political commentator, added an international perspective and raised a serious concern.
“An editor told me a few days ago what the Supreme Court's judgment on the ADC would be,” Kperogi wrote on Facebook. “He said most people already knew because it was prearranged. And what he predicted has now happened. Sadly, I see ADC sympathisers celebrating it. The body of the judgment is defeated, but it's attired in the fancy clothes of victory.”
He added: “By pushing the substantive dispute back to the Federal High Court for a full hearing, the Supreme Court basically threw David Mark back to the den of hyenas. He'll finally be devoured there. At least that's the plan. I hope I am wrong, but I fear that I won't be wrong.”
Solomon Dalung, the ADC chieftain and former minister, offered a rare glimmer of strategic foresight from the coalition's perspective. He revealed the existence of contingency plans.
“The opposition parties have outlined a Plan B and Plan C,” Dalung disclosed. “There were some political parties that raised the point that we might end up being frustrated in our expectations from the courts, and we must think beyond the courts. A lot of back-channel protocols are being deployed to try to deal with all relevant legal issues.”
Liborous Oshoma, a legal analyst, provided technical depth, illuminating the procedural quicksand beneath the ADC's apparent victory.
“The ADC has 13 cases in court,” Oshoma noted before Thursday's Supreme Court ruling. “You cannot see a political party with 13 cases in court and then go headlong into acquiring that party. The David Mark faction wants to know its fate—whether to remain in ADC or move en masse to another party. The case should not have reached the Supreme Court, as at the court of first instance, the ADC had not filed their processes. They have not filed an affidavit to show cause.”
He addressed misconceptions about judicial intervention: “Section 83 does not grant absolute immunity. Courts can intervene when internal matters violate the party constitution, the Electoral Act, or the national constitution, or when they involve criminality. The court ruled that only the NEC can conduct congresses, and since state executives are members of the NEC, valid congresses cannot be held without them.”
Dumebi Kachikwu, the 2023 presidential candidate of the ADC, threw jabs at the Mark faction following the ruling. “These desperados have failed woefully,” Kachikwu told reporters in Abuja. “We hear they are already shopping for other parties to destabilise; we wish them bon voyage.”
He described the annulled congresses as “improperly conducted processes” that “lacked legitimacy". He insisted the judgment had “validated concerns” he had raised about “attempts by certain individuals to take control of the party's structure for personal or political advantage".
Electoral consequences
The deadline imposed by the Electoral Act 2026 has transformed from a bureaucratic calendar entry into a political guillotine. Under the new legal framework, political parties must submit digitised membership registers to INEC. The implications are absolute: any aspirant whose name does not appear on that register by the deadline cannot contest the 2027 elections on that party's platform. Subsequent defections become legally impossible.
For the ADC, the deadline creates a serious problem. If the Mark-led leadership submits a register and a later court ruling overturns their leadership, the register could be invalidated after the deadline, leaving candidates without a platform. If they do not submit, the party could be excluded from the election.
For the PDP, the situation is just as serious. With the Ibadan convention cancelled, the party does not have a legally recognised NWC to compile and submit a valid register. Legal experts say the Board of Trustees is acting as an emergency measure, but its authority to carry out electoral duties is untested. If rival factions submit separate registers, INEC may reject them.
The Attorney General of the Federation, Lateef Fagbemi (SAN), has simultaneously urged the Federal High Court to deregister the ADC and four other parties for failing to meet constitutional electoral performance thresholds. While this suit remains pending, its existence adds another layer of existential threat to a party already navigating a minefield of litigation.
As a result, both major opposition parties—the ADC and the PDP—are facing serious operational challenges ahead of 2027. What was expected to be a competitive presidential election could now become a one-sided contest.
The road ahead
As political leaders in Abuja react to the court rulings, efforts to realign parties have begun. Emergency meetings are underway, and political figures are meeting. As Chief Okorie predicted, major realignments are now a matter of when, not if.
The PDP now needs to hold a new convention that follows court orders, but this process could take months, which the party may not have. ADC's coalition partners must choose whether to stay with a party facing 13 court cases or move to parties with a clearer legal standing.
Former Vice President Atiku Abubakar, whose Wednesday night strategic meeting with ADC stakeholders he described as "productive", now faces the most consequential decision of his political career: remain aboard a sinking vessel or chart a course to a safer harbour. Peter Obi's conspicuous absence from that meeting speaks volumes. Rabiu Kwankwaso's silence has been thunderous.
The Supreme Court has made its decisions, but many questions remain. As the justices finish their work, opposition politicians are left to find a way forward before the May 10 deadline closes their options for the 2027 elections.
There's only a week left.
