By Harry Awurumibe, Editor, Abuja Bureau
Renowned lawyer and a Senior Advocate of Nigeria (SAN), Jibrin Okutepa, who was the lead counsel to Senator David Mark in the legal battle involving the leadership of the African Democratic Congress (ADC) has hailed the Independent National Electoral Commission (INEC)for abiding by the judgment of the Supreme Court without being prompted.
Okutepa, in a statement shared on his X handle via @sanjsokutepa on Friday, praised INEC for not waiting to be served the judgment of the apex court before restoring the leadership status of the ADC on its portal.
Recall the Supreme Court on Thursday directed Mark to return to the Federal High Court for the hearing and determination of issues arising from the leadership dispute within the ADC.
This stemmed from the previous ruling of the Court of Appeal which on March 12 dismissed Mark’s appeal against a September 4 ruling of the Federal High Court.
A former vice-chairman of the ADC, Nafiu Bala-Gombe, had filed the suit marked FHC/ABJ/CS/1819/2025, seeking to stop the Mark-led leadership from parading themselves as national officers of the ADC.
Bala-Gombe listed the ADC, Mark, Rauf Aregbesola (National Secretary), INEC, and Ralph Nwosu, the party’s founder and former national chairman, as defendants.
Delivering a unanimous judgment on Thursday, a five-member panel of the apex court, headed by Mohammed Garba, faulted the order of the Court of Appeal, which asked parties in the suit to maintain the status quo.
The apex court held that the Court of Appeal acted beyond its jurisdiction by unilaterally issuing the status quo order.
Commending INEC in his post, Okutepa wrote, “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).
“When I checked the INEC portal, it was clear that INEC, without prompting, has restored the leadership of the ADC to its portal.”
He stated that the restoration of the names of the ADC leadership on the INEC portal was the right thing to do.
“The decision of the Supreme Court yesterday was clear. The appeal of Sen. David Mark was allowed in part. The order of the Court of Appeal for ‘maintenance of status quo ante bellum’ was held to have been made without jurisdiction and was accordingly set aside. It was the order of the Court of Appeal that INEC said it acted upon when it removed Sen. David Mark and his exco from its portal.
“INEC, as a corporate entity, has accorded respect to the decision of the Supreme Court without pretending that it was yet to be formally served with the judgment. That is the right thing to do in the circumstances,” he stated.
He noted that INEC was represented in the Supreme Court, adding that the prompt restoration of the ADC leadership to the INEC portal was commendable. “That is how it should be under the rule of law.”
He said INEC demonstrated respect for the rule of law in a country where some institutions would have been expecting to be served the court judgment before acting.
He described such acts as abuse of power when individuals deliberately wait to be prompted before obeying court orders.
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He added, “Until we agree to be bound by the rule of law and due process and avoid taking the law into our hands, Nigeria’s development will be a mirage.
“INEC, in this particular case, exhibited a rare understanding of respect for the rule of law without waiting to be served with the judgment of the Supreme Court, as some institutions and highly placed Nigerian government officials often do.
“Too many in power have no respect for courts and court orders. In most cases, impunity reigns supreme in our land. Even within the legal profession, court processes and orders are disregarded for personal benefit and in abuse of power.
“Today, many in privileged positions abuse their powers against the people and the society they are meant to serve by disrespecting judgments and court orders. Examples are legion.
“The abuse of power cuts across all strata of the country. Even in the legal profession, powers are being abused. The security agencies abuse their powers too. Everyone appears to be a law unto themselves in this country.”
He further wrote, “On this particular occasion, I must commend INEC for the prompt restoration of the ADC leadership on its portal without waiting for letters from the legal team of Sen. David Mark.”
He said INEC must do what it needs to do for the good of Nigeria and democracy. “INEC must be bold and courageous to attain success in protecting and safeguarding Nigerian democracy.”
