The apex court had reserved judgement in the case, prompting the opposition party to petition the Chief Justice of Nigeria (CJN) that time was not on its side.
However, on Wednesday, the apex court announced that the judgement would be delivered by 2pm, on Thursday.
A five-member panel of the apex court, led by Justice Mohammed Garba, had fixed the matter for judgment after parties adopted their final written addresses.
Mark, who leads a faction of the party, is challenging the March 12 judgment of the Court of Appeal, which ordered parties to maintain the status quo in the dispute.
In his appeal, the former Senate President argued that the appellate court exceeded its jurisdiction and insisted that the crisis bordered on internal party affairs, which courts lack powers to adjudicate.
The suit was initiated by aggrieved party members led by Nafiu Bala Gombe, who is contesting the legitimacy of the Mark-led leadership of the party.
Other respondents in the appeal include the ADC, its National Secretary, Rauf Aregbesola, the Independent National Electoral Commission, and a former national chairman, Ralph Nwosu.
Mark is also seeking an order restraining INEC from recognising any leadership other than his faction, pending the determination of the appeal.
However, the respondents urged the apex court to dismiss the appeal, maintaining that the lower court was properly seized of the matter.
In a letter dated April 28, 2026 and signed by Shaibu Enejoh Aruwa, ADC counsel, the Mark-led faction said if the judgment of the apex court is not delivered within the next three days, the ADC “stands the grave and irreversible risk of being excluded from participating in the 2027 General Election”.
The Mark-led faction said the development would deny the constitutional right of millions of Nigerians to contest the elections under the platform of the party.
“My Lord, this appeal was graciously heard expeditiously on the 22nd April, 2026 and judgment was thereafter reserved to a date to be communicated by the court,” the letter reads.
“However, My Lord, we are most respectfully constrained to request for my Lord’s kind intervention and directive in ensuring that the judgment is rendered timeously having regard that INEC the 4th Respondent in the said Appeal purportedly, acting pursuant to the judgment of the lower court in
“Appeal No: CA/ABJ/145/2026 acted to remove or de-recognize the leadership of the African Democratic Congress (ADC) leaving the ADC without leadership at the moment even though the ADC remains a recognized registered political party in Nigeria.
“My Lord, we also respectfully draw Your Lordship’s attention to the INEC Timetable for the 2027 General Elections and the activities in readiness which have already commenced.
“Your Lordship’s would find attached copies of the INEC Press Release de-recognizing the leadership of ADC and the Revised INEC Timetable for the 2027 General Elections.
“My Lord, the ADC’s ability to comply with these statutory requirements to participate in the 2027 General Elections is wholly dependent on the timely delivery of the judgment in the instant Appeal.
“Without the delivery of judgment within the next three days from the date of this letter, the ADC stands the grave and irreversible risk of being excluded from participating in the 2027 General Elections.
“This would disenfranchise millions of Nigerians who have subscribed to the ideals of the ADC and deny them their constitutional right to freely associate and contest elections through a political party of their choice.
“My Lord, we are mindful of the enormous responsibilities and workload of this Honourable Court. We are equally aware that justice delayed, in this peculiar circumstance, would amount to justice denied. The entire political future of our client and the legitimate expectations of its members nationwide now hangs in the balance.”
