A staff member in the Supreme Court registry has allegedly leaked a draft judgment said to be favourable to the African Democratic Congress, ADC, against challengers to the party’s leadership under Sen. David Mark and Rauf Aregbesola, according to a source who described themselves as a court insider.
The claim, which could not be independently verified as of press time, was disclosed to reporters on Saturday.
According to the source, the draft judgment directs both parties in the ADC leadership dispute to return to the High Court for a fresh hearing. Legal observers described the move as “abnormal,” noting that it would amount to the apex court reversing itself on a series of previous judgments on jurisdiction.
“Remitting the case to the High Court contradicts settled Supreme Court precedents that internal party leadership disputes are non-justiciable,” a senior lawyer familiar with the case, who asked not to be named, said. “It suggests the court is walking back from its own settled position on jurisdiction.”
The report of the alleged leak comes amid accusations of “undue interference” from the Presidency in judicial affairs, which critics say is aimed at weakening the main opposition ADC and paving the way for a one-party system.
However, the source claimed that a majority of the justices had resolved to “defend democracy and allow the right things to be done” by maintaining the court’s past trajectory of upholding internal party democracy, as in previous rulings. In that scenario, the judgment would have favoured Mark’s leadership.
“Judgment had already been prepared to favour the leadership of the party until the interference of the Presidency,” the source alleged, without providing documentary evidence.
The source further claimed that minority justices on the panel “quickly reached out to the Presidency” to stop the court from delivering judgment in support of the ADC leadership.
The justices are allegedly being threatened with investigation by the EFCC and the DSS, the source added.
The development has heightened tension across the country over the fate of opposition parties ahead of the 2027 general elections.
The Supreme Court had earlier reserved judgment in the ADC leadership suit and said a date would be communicated to the parties. The court has not announced its decision.
Civil society groups, including the Alliance for Democratic Rights, ADR, have previously alleged that the Presidency, through the Attorney General of the Federation and the Economic and Financial Crimes Commission, EFCC, is mounting pressure on justices handling the case. The ADR last week accused the government of denying the ADC access to public squares during its just-concluded national convention.
The Nigerian Bar Association, NBA, has repeatedly cautioned against “judiciary meddling in the affairs of political parties despite lack of jurisdiction.”
Efforts to reach the Supreme Court, the Presidency, the Office of the Attorney General of the Federation, the EFCC, and the DSS for comment were unsuccessful as of press time.
Legal experts note that leaking a draft judgment, if confirmed, would constitute a serious breach of judicial process. Section 97 of the Criminal Code Act and the Supreme Court’s internal rules prohibit premature disclosure of judgments.
The ADC leadership and counsel to Sen. Mark and Mr. Aregbesola could not be reached for immediate reaction.
