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Appeal Court dismisses David Mark’s appeal in ADC leadership dispute
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The Court of Appeal in Abuja has dismissed an appeal filed by former Senate President and current National Chairman of the African Democratic Congress (ADC), Senator David Mark, in relation to the ongoing leadership dispute in the party.
Mark had appealed a September 4, 2025, ruling by Justice Emeka Nwite of the Federal High Court in Abuja, refusing to grant some injunctive reliefs contained in an ex parte application filed by a chieftain of the party, Nafiu Bala Gombe
Gombe, a former Deputy National Chairman of ADC, who is laying claim to the leadership of the party, had filed an ex parte application along with his substantive suit, challenging, among others, the emergence of Mark and Rauf Aregbesola as National Chairman and National Secretary of the party.
He had, in the application, sought interlocutory injunctions to restrain, among others, the Independent National Electoral Commission (INEC) from recognising Mark and Aregbesola as leaders of the ADC.
Gombe’s lawyer moved the application on September 4, 2025, and in his ruling, Justice Nwite held that the court would not grant the ex parte application, but directed the applicant to serve it on the respondents for them to show cause why the reliefs sought in the application should not be granted.
The respondents, who are defendants in the substantive suit, are the ADC, Mark, Aregbesola, INEC, and Chief Ralph Nwosu (the party’s immediate past National Chairman).
Mark appealed the September 4, 2025, ruling, claiming that the trial judge had refused the ex parte application and no longer had the jurisdiction to conduct another hearing on it.
He claimed that, as against the impression created in the ruling that the judge merely directed the adverse parties to be put on notice of the ex parte application, the enrolled order revealed that the application was refused.
In its judgment on Thursday in the appeal marked: CA/ABJ/CV/145/2026, a three-member panel of the Court of Appeal, led by Justice Uchechukwu Onyemenam, upheld the objection raised by Gombe, through his team of lawyers led by Luka Musa Haruna (SAN), that the appeal was incompetent and that it was based on issues not reflected in the ruling of the trial court.
In the lead judgment, Justice Onyemenam also found that the issue of jurisdiction raised in Mark’s appeal was also an issue in a preliminary objection he filed before the trial court, which was yet to be determined.
She held that the Court of Appeal cannot review an issue that has not been determined by the trial court, adding that Mark’s claim, which the Justice Nwite refused the ex parte application, was not contained in the ruling read in open court by the judge.
Justice Onyemenam further held that Mark was wrong to have relied on an enrolled order drawn by the Registrar of the court to file an appeal rather than the ruling written and read by the judge.
She held that the correct record of any ruling or judgment of a court is the one read by the judge not the summary, which the enrolled order represents.
In deciding the case on the merit, Justice Onyemenam further held that the appeal was incompetent because the notice of appeal was invalid l, having been filed with first obtaining the leave of the court, the appeal being an interlocutory one.
She held that the directive contained in the ruling appeal against was an interlocutory exercise of the trial judge’s discretionary power to regulate proceedings in his court, which could only be appealed against after the leave of either the trial court or the Court of Appeal must have been obtained.
The judge said a careful examination of the ruling showed that the trial court did not determine the ex parte application, but merely exercised its discretion to direct that the adverse party be put on notice to show cause why the relief sought should not be granted.
She added that the order, directing that the adverse parties be put on notice for them to show cause, could not, by any stretch of imagination, be construed as a final determination of the ex parte application.
Justice Onyemenam proceeded to dismiss the appeal for being unmeritorious and awarded a cost of N2million against Mark.
She also ordered an accelerated hearing in the substantive suit still pending before the Federal High Court and also issued an order for parties to maintain the status quo to preserve the subject of the dispute.
Gombe is, in the suit marked: FHC/ABJ/CS/1819/2025, among others, praying the court to void the emergence of the Mark-led leadership of the party.
Other members of the panel – Justices Mohammed Mustapha and Okon Abang – agreed with the lead judgment.
President Bola Tinubu has said that his administration was building road infrastructure to lay the needed physical foundation for a knowledge-driven economy, stressing that education, justice, and innovation need roads to thrive.
Tinubu stated this in Abuja on Tuesday, while flagging off the construction of Collector Road CO1 in the Institutional Research District, from Nile University to Ring Road III.
Represented by the National Chairman of the All Progressives Congress, Prof Nentawe Yilwatda, the President said that the project included dualisation of the road from Baze University roundabout to Nile University, that is the Base University.
He noted that three years into his administration, the results were speaking out.
“From the Southern Parkway to the Institution and Research District, we are laying the physical foundation for a knowledge-driven economy.
“Today, we provide those roads that are needed to provide justice, education, and innovation to our people.
“To the university community, this road is more than a route. It is a connection between learning, law, and the future of our capital,” he said.
He pointed out that the Institution and Research District was designed to be the intellectual heart of Abuja, adding that universities, law chambers, research centers, and innovation hubs were growing in the area.
He, however, stressed that ideas could not move if roads do not move and connect the heart and people together.
Tinubu further said: “Under the Renewed Hope Agenda, we made a choice to finish what was started and to start what we must finish.
“The first phase of this corridor connecting the Body of Benchers, Nile, and Base University is done and ready for commissioning. Today, we begin the next phase to Ring Road III to complete the loop.
“That is how we build a city—with a plan. Not a city of abandoned pieces. Infrastructure must be continuous, and it must also be useful to the people within the environment”.
He commended FCT Minister Nyesom Wike for turning FCT into a delivery agency, stressing that the transformation of Abuja under the minister’s watch is bold, visible and worthy of commendation.
He said, “Wike, your energy is unmatched. You took over a capital with many stalled projects and turned the FCTA into a delivery agency. ‘Mr. Projects’ is not a slogan, it is a record. You have revived sleeping roads, built new interchanges, and brought development to satellite towns. You have domesticated the Renewed Hope Agenda; street by street, district by district. The transformation of Abuja under your watch is bold, visible, and worthy of commendation. Well done, Minister Wike.”
In his remarks, Wike explained that the project was considered following a plea by the Body of Benchers to provide access roads to ease the movement of people in and out of the area.
He assured FCT residents that the Tinubu administration would fulfill all the promises made to the people of FCT, adding that the project would be completed by January 2027.
The minister said that he would continue to deliver life-impacting projects to FCT residents as directed by Tinubu, stressing that the delivery would not be affected by 2027 political activities.
Earlier, acting Executive Secretary, Federal Capital Development Authority, Mr Richard Dauda, said that the Institutional Research District of the FCT is located in Phase III of the city.
Dauda said that the area was planned to accommodate educational institutions like universities, research institutions, and other government institutions as provided in the Abuja master plan.
He added that the district was being developed in stages, with this project being a major intervention in the opening of this district.
He explained that the scope of the current stage involved the construction of Collector Road CO1, from the Nile University to Ring Road III with a total length of about six kilometres.
He added that the project also included the dualisation of the section from the Base University Junction to Nile University.
Tragedy struck in northern Nigeria following reports that two abducted victims, including a former chairman of the All Progressives Congress (APC) in Koko/Besse Local Government Area of Kebbi State, have died while in captivity.
The deceased, Alhaji Muhammadu Mai Barga Besse, who previously served as APC chairman in the local government area, was reportedly held hostage by armed kidnappers for an extended period before his death. Another victim who was abducted alongside him was also confirmed dead, although his identity had not been officially disclosed at the time of filing this report.
The sad development comes months after disturbing videos emerged online showing the victims in dire conditions while being held captive in the notorious Birnin Gwari forest.
The footage sparked widespread concern among family members, political associates and members of the public who called for urgent intervention to secure their release.
Despite efforts made during their captivity, both men were reportedly never reunited with their families before their deaths.
The incident has once again drawn attention to the persistent security challenges facing communities across northern Nigeria.
The Birnin Gwari axis, located along the Kaduna-Niger corridor, has become one of the country’s most dangerous regions, with criminal gangs and armed bandits frequently carrying out kidnappings, attacks on villages and other violent crimes.
Residents and stakeholders have repeatedly called on security agencies to intensify operations in the area and dismantle criminal hideouts within the vast forest, which has long served as a sanctuary for armed groups.
News of the deaths has generated an outpouring of grief on social media, with many Nigerians expressing sadness over the fate of the victims and urging authorities to strengthen efforts against kidnapping and banditry.
Popular social media personality Denglishalhajii also shared the development on Instagram, mourning the victims and drawing attention to the growing insecurity affecting many parts of the region.
The deaths of the former APC chairman and his fellow captive have further underscored the human cost of the country’s security crisis, leaving families, friends and political associates in mourning while raising renewed concerns about the safety of citizens in vulnerable communities.
President Bola Tinubu has asked the senate to approve a constitutional amendment bill seeking to establish state police across Nigeria as part of efforts to strengthen the country’s security architecture.
The request was contained in a letter dated June 15, 2026, and read on the floor of the senate on Tuesday by Godswill Akpabio.
In the correspondence, Tinubu said the proposed Constitution of the Federal Republic of Nigeria (Alteration) State Police Bill, 2026, seeks to amend the 1999 constitution to provide a legal framework for the creation of state police services.
The president said the bill is designed to address Nigeria’s evolving security challenges by introducing a dual policing structure that would allow both federal and state policing systems to operate within a constitutional framework.
According to him, the proposal builds on previous legislative efforts by both chambers of the national assembly and contains additional safeguards to ensure effective implementation.
“This bill builds on the significant work already done in this regard by the House of Representatives and the Senate, and incorporates additional safeguards to ensure that the creation of a dual policing structure to address our nation’s evolving national security challenges, will be achieved quickly and effectively to the benefit of all Nigerians,” Tinubu said.
The president described the proposed legislation as a key component of his administration’s broader plan to reform Nigeria’s security system and improve the protection of lives and property.
“The proposed legislation is a critical component of our administration’s strategy to reorganize Nigeria’s security architecture to better protect our citizens, and I’m confident that the Senate will act quickly to consider and pass this bill,” he added.
Read Also: Amnesty International Demands Immediate Release of Omoyele Sowore, Condemns Detention
Tinubu urged lawmakers to give the proposal expeditious consideration.
Following the reading of the letter, Akpabio referred the bill to the senate committee on constitution review for further legislative action.
The committee was directed to report back to the chamber on the next legislative day.
Photos: We’re building infrastructure for a knowledge-driven economy – Tinubu
Just in: Kidnapped APC Chairman, Another Victim Die in Abductors hideout
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