ADC: Factional Leader, Nafiu Gombe Threatens Contempt Proceedings against INEC Chair for Recognising David Mark-led Leadership

Alex Enumah in Abuja

A factional leader of African Democratic Congress (ADC), Hon Nafiu Bala Gombe, has threatened to initiate contempt proceedings against the chairman of Independent National Electoral Commission (INEC), Prof Joash Amupitan, SAN, if he does not stop according recognition to the Senator David Mark-led ADC.

Gombe, in a letter to the INEC chairman, dated March 27, 2026, claimed that the judgement of the Court of Appeal delivered on March 12, which ordered status quo ante bellum effectively made him the leader of ADC, pending the determination of the suit before Justice Emeka Nwite of the Federal High Court, Abuja.

Gombe had on July 2, 2025 dragged Mark and Ogbeni Rauf Aregbesola to court over their emergence as acting chairman and secretary, respectively, of ADC. He had also sued ADC, INEC and former national chairman of the party, Chief Ralph Nwosu as respondents in the suit marked: FHC/ABJ/CS/1819/2025.

However, pending the hearing and determination of the suit, Gombe filed an ex parte application before the court seeking a restraining order against the defendants. But, the trial court in his ruling ordered that the respondents be put on notice to show cause why the motion against them should not be granted.

In their response, the Mark leadership approached the appellate court to challenge the jurisdiction of the trial court to entertain the matter, which according to them, fell within the internal affairs of a political party.

Besides, they argued that the trial court had become functus officio, when he allegedly declined to grant the ex parte motion.

Delivering judgement in the appeal on March 12, the three-member panel of the appellate court led by Justice Uchechukwu Onyemenam, disagreed with the claims of the appellant, observing that trial court was yet to decide on the matter.

The court said, “From the foregoing analysis, two fundamental defects emerge. First, the appeal improperly raises the issue of jurisdiction which is already the subject of a pending preliminary objection before the trial court and which has not yet been determined. Secondly, and more importantly, the appeal challenges an interlocutory discretionary order without first obtaining the leave required by Section 242(1) of the Constitution.

“The combined effect of these defects is that the appeal is incompetent and this court lacks the jurisdiction to entertain it. Accordingly, the preliminary objection raised by the 1st respondent is upheld. The appeal is hereby struck out for being incompetent.”

In the main appeal, Onyemenam, observed that the appellant’s argument was largely founded on the wording of the Enrolled Order rather than the ruling of the court, adding, “Where a conflict exists between the two, the ruling itself prevails. Accordingly, the sole issue for determination is resolved against the appellant and in favour of the 1st respondent.

“This appeal lacks merit and is hereby dismissed. The ruling of the Federal High Court delivered on 4th September 2025 by Emeka Nwite, J., in Suit No. FCT/ABJ/CS/1819/2025 is hereby affirmed.”

While stating the need to protect the integrity of the proceedings and the eventual determination of the substantive suit pending before the Federal High Court in Suit No. FCT/ABJ/CS/1819/ 2025, the appellate court went ahead to make preservatory orders, directing parties to maintain status quo ante bellum in respect of the subject matter, pending at the trial court.

Gombe, in his letter to the INEC boss, complained that the commission, despite receiving its letter dated March 16, 2026, in respect of the appellate court’s directive, did “not only invited Senator David Mark’s group to the political parties’ meeting hosted by INEC on Tuesday, March 24, 2026, but also proceeded to monitor the purported National Executive Committee Meeting of the group in blatant defiance of the Court of Appeals order in the above appeal”.

He accused Amupitan of ignoring his letter, urging the commission to enforce the orders of the Court of Appeal in accordance with the provisions of section 287(2) of the 1999 Constitution as amended.

He said, “We cannot fathom what could have warranted this wanton violation of the constitutional obligation of the commission and the oath of office sworn by the Honourable Chairman of the commission to uphold the Constitution of Nigeria.

“We would like to refer you once again to the existing orders of the Court of Appeal, per Uchechukwu Onyemenam, JCA, as follows: – “That Suit No. FHC/ABJ/CS/1819/2025, be and is hereby granted accelerated hearing in view of the Electoral Time Table released by the 4th Respondent.

“That the parties are hereby directed to maintain the status quo ante bellum and shall refrain from taking any step or doing any act capable of foisting a fait accompli on the court or otherwise rendering nugatory the proceedings before the trial court.”

While arguing that status quo ante bellum meant the state of affairs before hostilities began, Gombe claimed hostilities started when the 5th defendant (the former chairman of ADC) and other members of the executive (apart from him) resigned from their positions, leaving him as the surviving National Chairman of ADC, and as such the legitimate chairman of ADC in accordance with the party’s constitution.

He said the Court of Appeal’s judgement and the orders made therein effectively nullified the Mark-led executive of ADC, adding that the status quo ante bellum requires INEC to recognise him as the legitimate leader of the party, representing the state of affairs before the hostilities began.

He stated, “We therefore present the following demands:

“That you invalidate the NEC Meeting of the 1st Defendant purportedly held on March 25, 2026, being an attempt to foist a fait accompli on the trial court and/or render as nugatory the proceedings before the trial court.

“Immediately remove the names of Senator David Mark and his group from the INEC portal, as they are not the leaders of the 1st Defendant, in accordance with the requirement to maintain the status quo ante bellum.

“Stop recognising or acknowledging any correspondence from Senator David Mark’s group until the final determination of the pending case at the Federal High Court, which the Court of Appeal has directed to be given an accelerated hearing.

“Allow our client, Hon. Nafiu Bala Gombe, to oversee the party’s affairs and establish the other structures of the party pending the final decision of the case at the Federal High Court.”

While urging Amupitan to in line with his promise to abide by the decision of the court, and as a senior member of the bar, to respect this decision of the Court of Appeal, Gombe threatened to file disobedience of court process against the INEC boss.

He stated, “Please note that if you do not fully comply with the demands outlined herein within seven (7) days of receiving this letter, we will be forced to initiate a committal proceeding against you if you continue by acts of commission of omission to wilfully disobey the orders of the Court of Appeal.”