David Mark-led ADC seeks court order to reverse INEC decision

The leadership of the African Democratic Congress (ADC), headed by David Mark, has approached the Federal High Court in Abuja, asking it to overturn a decision taken by the Independent National Electoral Commission (INEC).

INEC had, on April 1, deleted the names of Mark, listed as National Chairman, and Rauf Aregbesola, identified as National Secretary, from its official website and portal.

In the application before the court, Mark urged Justice Emeka Nwite to issue a mandatory injunction reversing INEC’s refusal to supervise or monitor the party’s congresses and convention, pending the final resolution of the case.

He also requested an order compelling INEC to immediately reinstate and retain the names of all members of the ADC National Working Committee (NWC) in its records, as they were before the suit was filed, until the matter is fully determined.

The motion on notice, dated April 7, was filed by Mark’s counsel, Sulaiman Usman, SAN, in response to the March 12 judgment of the Court of Appeal in a suit initiated by Nafiu Bala Gombe before Justice Nwite.

Filed under relevant provisions of the Federal High Court Civil Procedure Rules, 2019, the application seeks three major reliefs. Among them is “an order of mandatory injunction, setting aside the decision, act, or directive of the respondent removing the names of the applicant’s National Working Committee from its official portal and the decision of refusal to attend or monitor the applicant’s congresses or convention pending the hearing and determination of the suit.

He sought an order of mandatory injunction, directing INEC to forthwith restore and maintain records of the names of Senator David Mark as National Chairman and Ogbeni Rauf Aregbesola as National Secretary, as well as all members of the National Executive Committee.

He sought an order restraining INEC from tampering with, or otherwise interfering with the said leadership records of the 1st defendant, recognising or giving effect to any contrary or competing claims, pending the final determination of this suit.”

Backing the request with seven grounds, Usman argued that the Court of Appeal, in its March 12 ruling, directed all parties to maintain the “status quo ante bellum.”

According to him, the phrase refers to the last uncontested and lawful situation before the case began.

“As at Sept. 2, 2025, when this action was instituted, the 2nd defendant (Senator David Mark) was the recognised National Chairman of the 1st defendant.

“The said leadership structure had already been constituted.

“The plaintiff had already resigned his prior office and had no subsisting role within the party,” he said.

Usman maintained that INEC misinterpreted the appellate court’s directive, leading to the removal of the leadership names and effectively creating a vacuum within the party’s structure.

He added that the commission’s actions contradict the intent of the ruling and could undermine the case, to the detriment of Mark and Aregbesola.

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

“This is a proper case for the exercise of the equitable jurisdiction of this honourable court,” the senior lawyer submitted.

In a separate motion, also filed on April 7 but dated April 2, Mark’s legal team requested an accelerated hearing of the matter.

The lawyer urged the court to shorten the time for filing and exchanging processes and to hear the case on a daily basis until its conclusion.

He argued that the dispute raises critical questions about the leadership of a registered political party and carries broader implications for democratic governance and participation.

Usman further noted that the Court of Appeal had already directed that the case be handled expeditiously, warning that the ongoing uncertainty is disrupting the party’s operations, limiting its political engagement, and creating confusion within its structure.

He added that delays could encourage parallel leadership claims and render the case meaningless if not promptly resolved.

Earlier, on September 4, 2025, Justice Nwite declined an ex-parte request by Gombe seeking to halt the Mark-led leadership pending the determination of the substantive suit.

Instead, the court ordered that all parties be put on notice to respond, adjourning the case to September 15, 2025.

Dissatisfied, the Mark-led faction approached the Court of Appeal, challenging the trial court’s jurisdiction.

The appellate court subsequently directed all parties to return to the lower court and maintain the status quo ante bellum pending the outcome of the case.

In the suit marked FHC/ABJ/CS/1819/2025, Gombe listed ADC, Mark, Aregbesola, INEC, and Ralph Nwosu a former national chairman who stepped aside for Mark as defendants. (NAN)