A Senior Advocate of Nigeria, Jibrin Okutepa, who served as lead counsel for Senator David Mark in the legal proceedings concerning the leadership of the African Democratic Congress, has praised the Independent National Electoral Commission for adhering to the Supreme Court’s ruling without needing any prompting.
In a statement posted on his X account via @sanjsokutepa on Friday, Okutepa lauded INEC for proactively restoring the leadership status of the ADC on its portal, rather than waiting to be served with the apex court’s judgment.
On Thursday, the Supreme Court instructed David Mark to return to the Federal High Court for the hearing and resolution of matters arising from the leadership conflict within the ADC. This directive followed the earlier ruling of the Court of Appeal, which on March 12 dismissed Mark’s appeal against a ruling of the Federal High Court dated September 4.
A former vice chairman of the ADC, Nafiu Bala, initiated the suit marked FHC/ABJ/CS/1819/2025, aiming to prevent the Mark-led leadership from presenting themselves as national officers of the ADC. Bala named the ADC, Mark, Rauf Aregbesola (National Secretary), INEC, and Ralph Nwosu, the party’s founder and former national chairman, as defendants in the case.
In a unanimous ruling delivered on Thursday, a five-member panel of the apex court, led by Mohammed Garba, criticised the Court of Appeal’s order, which instructed the parties involved in the suit to maintain the status quo. The apex court determined that the Court of Appeal exceeded its jurisdiction by unilaterally issuing the status quo order.
In his post commending INEC, Okutepa stated, “I am a legal practitioner. I am not a registered member of any political party in Nigeria. I am equally not an employee of any government. I owe no allegiance to anybody except the truth, justice, and the Federal Republic of Nigeria.
“I was the lead counsel to Sen. David Mark at the Supreme Court in the judgment delivered yesterday (Thursday).
“Upon reviewing the INEC portal, it became evident that INEC has proactively reinstated the leadership of the ADC on its platform without any external prompting.”
He remarked that the reestablishment of the ADC leadership names on the INEC portal was a commendable action.
He said, “The ruling from the Supreme Court yesterday was unequivocal. The appeal made by Sen. David Mark was partially granted. The Court of Appeal’s directive for ‘maintenance of status quo ante bellum’ was determined to have been issued without jurisdiction and was thus annulled.
“It was this directive from the Court of Appeal that INEC cited as the basis for removing Sen. David Mark and his executive committee from its portal.
“As a corporate entity, INEC has shown deference to the Supreme Court’s ruling, without feigning ignorance of the judgment pending formal service. This is the appropriate course of action given the circumstances,” he remarked.
He pointed out that INEC had legal representation in the Supreme Court, emphasising that the swift reinstatement of the ADC leadership on the INEC portal was praiseworthy.
“This is how actions should be taken under the rule of law.” He stated that INEC has demonstrated its commitment to the rule of law in a nation where some institutions might expect to receive the court’s judgment before taking action.
He characterised such behavior as an abuse of power, where individuals intentionally delay compliance with court orders until prompted.
He further stated, “Until we collectively commit to adhering to the rule of law and due process, and refrain from taking the law into our own hands, Nigeria’s progress will remain an illusion.
He said, “In this instance, INEC displayed a unique understanding of the importance of respecting the rule of law without waiting for the Supreme Court’s judgment to be served, unlike some institutions and high-ranking Nigerian officials who often do.
“Many individuals in positions of power show a lack of respect for courts and their orders. In numerous instances, impunity prevails in our society. Even within the legal field, court procedures and orders are often ignored for personal gain and in a display of abuse of power.”