By Okoi Obono-Obla
The Perils of Litigation in Party Leadership Disputes-
This protracted litigation concerning the struggle for leadership between the coalition that moved into the ADC and those represented by Senator David Mark and Nafiu Bala Gombe, if care is not taken, may well sound the death knell of the Party. One cannot but feel sorry for members of the Party, as it faces the risk of being embroiled and enmeshed in litigation barely eleven months to the general elections of 2027. This situation does not portend a harbinger of cheerful news but rather gloominess and trouble.
The consequences of non-resolution of this conflict are grave: the Party now has two Chairmen, two Secretaries, and two factions. The critical question is which among them would be recognized by law and by the Independent National Electoral Commission (INEC). INEC has already fixed April/May 2026 for political parties to conduct their primaries to nominate candidates for the 2026 general elections. Between Senator David Mark’s faction and that of Nafiu Bala Gombe, which of them has the power to conduct the ADC primary election in the light of the ongoing litigation in the Federal High Court?
The protracted dispute was further confirmed by the Court of Appeal, Abuja, on 12 March 2026, in an appeal filed by Senator David Mark against the ruling of Honourable Justice Emeka Nwite of the Federal High Court, Abuja. Justice Nwite had directed the Respondent, Nafiu Bala Gombe, to put Senator David Mark on notice of an ex parte motion filed by him, seeking an order restraining Senator David Mark from parading himself as the National Chairman of the ADC. This appellate confirmation underscores the depth of the crisis and the entrenchment of factionalism within the Party.
The danger of relying on the courts to resolve political disputes is evident. Judicial intervention in intra-party conflicts has often proven drastic and ineffective. This was underscored in the Labour Party case, where the Supreme Court of Nigeria declined jurisdiction, admonishing the contending parties to return to political methods of resolution. The Court emphasized that political disputes within a party are best settled internally, through dialogue, compromise, and consensus, rather than through legal technicalities.
In conclusion, if the ADC fails to resolve this leadership crisis politically and swiftly, it risks disqualification, fragmentation, and irrelevance in the 2027 elections. The lesson from the Labour Party case is clear: litigation is not the ideal path for resolving political disputes within a party. Only political solutions can preserve unity and ensure survival.
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