“David Mark’s ADC Launches Legal Showdown with INEC Over Leadership Recognition”

The leadership of the African Democratic Congress, ADC, spearheaded by David Mark, has requested the Federal High Court in Abuja to annul the determination made by the Independent National Electoral Commission, INEC, which invalidated the party’s leadership.

Mark also urged Justice Emeka Nwite to issue an order of mandatory injunction nullifying INEC’s refusal to participate in or oversee the ADC’s congresses or convention, until the hearing and resolution of the current lawsuit.

Additionally, he sought an order of mandatory injunction directing INEC to immediately restore and preserve the names of all members of ADC’s National Working Committee (NWC) in its records and portal, prior to the initiation of the suit, and pending the hearing and resolution of the main suit.

It was noted that INEC had officially eliminated the names of Mark (National Chairman) and Rauf Aregbesola (National Secretary) of the African Democratic Congress (ADC) from its official portal and website on April 1.

The notice of motion, dated and submitted on April 7, was lodged by Mark’s newly appointed attorney, Sulaiman Usman, SAN.

This motion by the former Senate President, who holds the role of national chairman of ADC, responds to the March 12 judgment of the Court of Appeal in a case initiated by Nafiu Bala Gombe before Justice Nwite.

The motion, which requested three forms of reliefs, was filed in accordance with Order 26, Rules 1, 2, 3, and 4 of the Federal High Court (Civil Procedure) Rules, 2019; the inherent authority of the court; and under the equitable jurisdiction of the court for granting injunctions.

The requested reliefs include; “an order of mandatory injunction, overturning the decision, act, or directive of the respondent that removed the names of the applicant’s National Working Committee from its official portal, as well as the refusal to attend or monitor the applicant’s congresses or convention pending the hearing and conclusion of the suit.

He sought an order of mandatory injunction, instructing INEC to immediately restore the names of Senator David Mark as National Chairman and Rauf Aregbesola as National Secretary, along with all members of the National Executive Committee.

Furthermore, he sought an order prohibiting INEC from altering or otherwise interfering with the aforementioned leadership records of the 1st defendant, acknowledging or endorsing any contrary or competing claims, pending the ultimate resolution of this suit.”

Presenting seven arguments for why the application should be granted, the attorney asserted that the Court of Appeal, in its ruling delivered on March 12, mandated the parties to sustain the status quo ante bellum.

Usman contended that the “status quo ante bellum” denoted the last lawful, uncontested state of affairs prior to the initiation of the suit.

“As of September 2, 2025, when this action was initiated, the 2nd defendant (Senator David Mark) was the recognized National Chairman of the 1st defendant.

“The said leadership structure had already been established. The plaintiff had previously resigned his office and had no active role within the party,” he stated.

The attorney further asserted that INEC, operating under a misunderstanding of the Court of Appeal order, removed the names of the said leadership from its portal.

He indicated that the electoral body subsequently adopted a stance of non-recognition, thereby creating a void in the leadership structure of ADC.

Usman contended that INEC’s actions were at odds with the true meaning of the Court of Appeal order, potentially rendering the subject matter of the suit trivial and detrimental to Mark and Aregbesola.

“The law is clear that a mandatory injunction may be granted at an interlocutory stage to restore a party to the position wrongfully altered.

“This is a suitable case for the exercise of the equitable jurisdiction of this honorable court,” the senior attorney asserted.

In addition, in another motion on notice dated April 2 but filed April 7 on Mark’s behalf, the attorney requested an order for expedited hearing of the suit.

Usman, who urged the court to set shorter timelines for the parties to file and exchange all documents in the suit, also requested an order for the suit to be heard on a day-to-day basis until its conclusive determination.

Regarding why the case should receive expedited attention, the attorney mentioned that the suit raised fundamental issues impacting the leadership structure of ADC, a registered political party.

He indicated that the subject matter of the suit has extensive implications for democratic governance and political participation.

According to him, the Court of Appeal has already instructed that the case be resolved swiftly.

He noted that the existing uncertainty surrounding the leadership of the ADC is hindering its internal management, obstructing its engagement in political activities, and causing unnecessary institutional confusion.

Usman further stated that the prolonged pendency of the suit could render the subject matter trivial, fostering parallel structures and conflicting claims.

The attorney, who stated the court possesses the authority to expedite proceedings in warranted cases, argued that it is in the interest of justice to resolve the matter promptly.

It should also be recalled that Justice Nwite had, on September 4, 2025, refused to grant an application aimed at halting the Mark-led leadership of the ADC, pending the hearing of the substantive suit.

The judge had declined the three requests made in an ex-parte motion filed by Nafiu Bala Gombe, a former Deputy National Chairman of ADC, and presented by his attorney, Michael Agber.

Instead, the judge directed Gombe, the plaintiff in the suit, to notify all defendants to explain why the motion should not be granted.

The judge then postponed the case until September 15, 2025, for the defendants to provide their explanations.

However, the Mark-led ADC sought the Appeal Court’s intervention to contest the lower court’s jurisdiction to hear the suit, and the appellate court ordered the parties to return to the trial court while maintaining the status quo ante bellum until the case’s resolution.

Gombe, in the case marked: FHC/ABJ/CS/1819/2025, had filed suit against ADC, Mark, Aregbesola, INEC, and Chief Ralph Nwosu as the 1st to 5th defendants respectively.

Nwosu was the previous ADC national chairman who stepped down for the leadership of David Mark.