APC to ADC: Your defiant posture amounts to illegality
It is imperative to address the Nigerian people on the deliberate mischief and puerile propaganda of Senator David Mark and his co-travelers parading themselves as “coalition politician” at the ignoble press conference held on Thursday 2 April, 2026.
The highlights of their press conference, shorn of unwarranted verbal vituperations, are:
1. Claim that Bola Ahmed Tinubu is deliberately weakening opposition parties to force a one-party state ahead of 2027.
2. Contention that INEC acted unlawfully by withdrawing recognition of their leadership, misinterpreting the Court of Appeal’s order that status quo ante bellum should be maintained and that by this INEC is effectively taking sides against them.
3. Accusing INEC of partisanship and contempt of court, while calling for the removal of the INEC Chairman and commissioners.
4. Insistence that their July 2025 leadership remains valid and thereby proceeding with party activities.
5. Warning Nigerians and the international community of a looming threat to democracy.
We find it pertinent to interrogate these allegations,
dispassionately and lay bare the facts of the matters at stake with a view, not only to show the falsehood been peddled by David Mark and his co-travelers, but to enlighten Nigerians and the International Community about the unserious nature of the so called opposition coalition.
Claim that President Tinubu is Weakening Opposition to force a one-party state ahead of the 2027 election
1.1 As of today, there are 19 registered political parties in Nigeria with the potential to compete in the 2027 election, and President Tinubu has no power to deregister any political party.
1.2 Nigerians must know that the present predicament of David Mark and his ilk has to do with the untidy way they hijacked the leadership of an existing political party without carrying along all stakeholders resulting in court litigation before the Federal Hight Court and the adverse judgment of the Court of Appeal upon which the INEC predicated its decision not to recognise any of the two contending parties for the leadership of the African Democratic Congress (ADC) pending the determination of the suit by the court.
1.3 The ADC went to the Court of Appeal over an internal leadership dispute that was still ongoing at the trial court, and in doing so, made a fundamental legal mistake. The appellate court found that the lower court had not granted the injunctive relief sought but merely asked the defendants to show cause why the orders sought should not be granted, implying that Senator David Mark’s faction's appeal was built on a faulty premise.
1.4 Worse still, the key issue of jurisdiction was still pending at the trial court, making the appeal premature, and they failed to obtain the required leave for an interlocutory appeal, an error serious enough to render the entire case incompetent.
1.5 The appeal was therefore completely dismissed, with the court ordering all parties to maintain the status quo and avoid any actions that could disrupt the ongoing case, effectively portraying ADC as acting hastily, procedurally flawed, and in disregard of due legal process.
1.6 For the avoidance of doubt, in dismissing an appeal filed by David Mark, the Court of Appeal ordered thus:
1. That Suit No. FCT/ABJ/CS/1819/2025, be and is hereby granted an accelerated hearing in view of the Electoral Time-Table released by the 4th Respondent.
2. That the parties are hereby directed to maintain the status quo ante bellum and shall refrain from taking any step or doing any act capable of foisting a fait accompli on the court or otherwise rendering nugatory the proceedings before the trial court.
3. Costs of N2,000,000.00 (Two Million Naira) is awarded in favour of the 1st Respondent.
1.7 It is the above orders of the court that are being put into effect by INEC, and we are at a loss as to the basis for the allegation that President Bola Tinubu is weakening opposition in the circumstances. David Mark approached the Court of Appeal, and his appeal was dismissed as unmeritorious; the status quo was ordered to be maintained, and costs were awarded against him. In the circumstance, where does President Bola Tinubu feature in their predicament, if not outright fallacious and malicious propaganda?
1.8 The David Mark factional ADC leadership appear to be indulging in self-delusion by positioning themselves as the leading opposition, when their recent electoral outings clearly suggest otherwise. You cannot lay claim to national relevance while your performance at the polls remains abysmal and unconvincing. Since the inception of their so-called coalition, they have been roundly rejected at the polls by Nigerians, including during the recently held Local Government Area Council election in the Federal Capital Territory.
1.9 Leadership of the opposition is not declared through press conferences or rhetoric; it is earned through consistent electoral credibility and public trust, both of which they have struggled to demonstrate.
1.10 Therefore, President Bola Tinubu and indeed the All Progressives Congress cannot be bothered about the contraption of electoral unviability being bandied as a “coalition”!
The Purported Misinterpretation of the Court of Appeal Decision by INEC and Alleged Bias of INEC
The ADC orders being implemented by the Independent National Electoral Commission were a consequence of the dismissal of an appeal filed by Senator David Mark and his faction at the Court of Appeal, where the decision did not go in their favour, but rather the Court of Appeal upheld the position of the respondent.
If Senator Mark and his factional ADC leadership believe INEC’s interpretation is flawed, they ought to know the proper channel to seek redress—the courts. INEC, on its part, has categorically stated that it is acting in line with maintaining the status quo ante bellum as directed by the Court of Appeal.
The public, defiant posture of Senator Mark and his factional ADC leadership against the orders of the Court of Appeal and their implementation by INEC not only amounts to self-help but also to recklessness and a clear display of irresponsibility.
More concerning is their posture toward the Independent National Electoral Commission and the rule of law. Insisting on proceeding with party congresses despite an ongoing case at the Federal High Court challenging their leadership raises serious questions about their respect for the rule of law. Such defiance signals a troubling disregard for institutions and due process, undermining any claim to democratic responsibility.
Their call to remove the INEC Chairman and other INEC Commissioners further reveals a lack of seriousness and understanding of leadership processes in established institutions.
As experienced politicians and former public office holders, they ought to know the constitutional process governing appointments and tenure within INEC, and that decisions are taken by the commission, not the Chairman alone. It is preposterous that these undemocratic elements dare to call for the removal of not only the INEC Chairman but the entire National Commissioners!
Insistence to Proceed with Planned Congresses and Convention In Defiance of Court of Appeal Orders and Pending Litigation at the Federal High Court
Nigerians should also note that the sacked David Mark’s leadership of the ADC has insisted on proceeding with its scheduled activities, including congresses and conventions, despite an ongoing case at the Federal High Court challenging their leadership and in defiance of the subsisting judgment. This again raises serious questions about their respect for legal processes and the rule of Law.
It is settled law that court decisions are binding on all parties until set aside by a competent court. The avowed refusal by Senator Mark and his co-travellers to comply with court decisions demonstrates a troubling disregard for the rule of law and democratic responsibility.
Making those bold assertions of defiance to judicial processes and institutional decisions, despite the clear legal implications that all parties must maintain the status quo to avoid foisting fiat acompli in the ongoing proceedings at the trial court, showed clear desperation and absence of democratic and rule of law credentials by Mark and his factional ADC leadership.
Their initial resort to an interlocutory appeal appears to be a hasty, flawed procedural attempt to stall proceedings at the trial court, undertaken in disregard of due legal process.
The public should therefore be aware that the defiant actions being pursued by the David Mark-led factional leadership of the ADC amount to illegality. When those actions are eventually declared null and void by the courts, it would be disingenuous to blame President Bola Tinubu and the ruling party for the consequences of their own disregard for the rule of law. We hope that they will not come to tell Nigerians that it is the APC or President Bola Tinubu that is weakening democracy, only to meet the consequences of their planned illegality!
Look Inward and Stop Finger Pointing
The ADC must also come to terms with a hard truth: blaming other parties will not fix their internal crises. No amount of external finger-pointing can erase their consistent failures or resolve their lingering leadership issues. It is wishful thinking to assume that other political parties will step in to rescue them from problems they have repeatedly failed to manage.
When the All Progressives Congress lost all the seats it had won in Zamfara State due to its own unresolved internal crisis, and the Peoples Democratic Party became the beneficiary, everyone agreed it was the rule of law taking its course. No outrage, no conspiracy theories, just the consequences of failing to put your house in order.
Thank you all.
Signed
Senator Surajudeen Ajibola Basiru Ph.D., BL
National Secretary, All Progressives Congress
3 April, 2026
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