Abuja — A prominent Nigerian human rights lawyer has praised the country’s electoral commission for its “uncommon” swiftness in obeying a Supreme Court ruling regarding a leadership dispute within one of the nation’s political parties.
Jibrin Okutepa, a Senior Advocate of Nigeria (SAN), said the Independent National Electoral Commission (INEC) acted with integrity by restoring the leadership of the African Democratic Congress (ADC) to its official portal immediately after the court’s decision.
What was the dispute about?
The legal battle centred on Senator David Mark, a former President of the Senate and high-profile figure in Nigerian politics. Mark had been leading the ADC, but his position was challenged by a former party official, Nafiu Bala, who sought to restrain Mark’s executive team from parading themselves as national officers.
The dispute reached a head when a lower appellate court ordered all parties to “maintain the status quo”—a move that effectively led to the INEC removing Mark’s leadership team from its official digital records.
The Supreme Court’s Intervention
On Thursday, a five-member panel of the Supreme Court, led by Justice Mohammed Garba, set aside the lower court’s order. The apex court ruled that the Court of Appeal had acted beyond its legal powers by unilaterally issuing the “status quo” directive.
While the court sent the core issues back to the Federal High Court for a final determination, the immediate effect was the nullification of the order that had sidelined Senator Mark’s leadership.
A ‘Commendable’ Departure from Impunity
In a statement shared on X (formerly Twitter), Mr. Okutepa—who served as lead counsel for Senator Mark—expressed surprise and satisfaction that INEC did not wait for formal paperwork before updating its systems.
“When I checked the INEC portal, it was clear that INEC, without prompting, has restored the leadership of the ADC,” Okutepa said. “That is how it should be under the rule of law.”
The lawyer noted that in Nigeria, government institutions and highly placed officials often delay obeying court orders by claiming they are “waiting to be formally served” with the judgment—a practice he described as an abuse of power.
“Too many in power have no respect for courts and court orders. In most cases, impunity reigns supreme in our land,” he added. “On this particular occasion, I must commend INEC for being bold and courageous.”
Why this matters
The ADC, while smaller than the country’s two main parties, remains a significant player in Nigeria’s multi-party democracy.
For international observers, the promptness of INEC’s compliance is being viewed as a positive signal for the health of Nigeria’s judicial process, particularly as the country continues to navigate complex legal challenges following the 2023 general elections and ahead of future polls.
The case now returns to the Federal High Court, where the underlying leadership struggle will be decided on its merits.
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