David Mark Asks Court to Reverse INEC’s Decision to Withdraw Recognition of His ADC Leadership

Alex Enumah in Abuja

The David Mark-led leadership of the African Democratic Congress (ADC) has approached the Federal High Court in Abuja to reverse the decision of the Independent National Electoral Commission (INEC), that de-recognized it as the leadership of the party.

The electoral umpire, citing a ruling of the appellate court had on April 1, officially removed the names of Mark (National Chairman) and Ogbeni Rauf Aregbesola (National Secretary) of the African Democratic Congress (ADC) from its official portal and website.

An aggrieved member of the APC, Nafiu Bala Gombe, laying claim to the leadership of the ADC had sought an order of injunction restraining INEC from recognizing the David Mark-led leadership but, Justice Emeka Nwite in a ruling turned down the request and ordered that the applicant put the defendants on notice.

But in their response, the David Mark-led leadership approached the appellate court to challenge the jurisdiction of Nwite to entertain a suit they claimed centered around their internal affairs, which according to them is not justiciable.

They also claimed that the court of Nwite had become functus officio having held that the application for an order of injunction was denied.

But, the appellate court in holding that the case of the appellant was premature dismissed it and ordered accelerated hearing of the substantive suit at the trial court.

Specifically, the appellate court ordered the parties to maintain status quo ante bellum, a ruling upon which INEC decided to remove the names of the David Mark-led leadership, which the commission had hitherto recognized as the leadership of the ADC.

Responding, the Mark-led leadership of the ADC approached the Federal High Court, seeking amongst others an order of mandatory injunction setting aside INEC’s refusal to attend or monitor the ADC’s congresses or convention, pending the hearing and determination of the instant suit.

They equally sought an order of mandatory injunction directing INEC to forthwith restore and maintain the names of all ADC’s National Working Committee (NWC) in its records and portal, prior to the institution of the suit, and pending the hearing and determination of the substantive suit.

The motion on notice, dated and filed on April 7 was filed by Mark’s new lawyer, Sulaiman Usman, SAN.

The motion was brought pursuant to Order 26, Rules 1, 2, 3 and 4 of the Federal High Court (Civil Procedure) Rules, 2019; and under the inherent jurisdiction of the court and equitable jurisdiction of the court to grant injunctive reliefs.

The reliefs sought include; “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”.

The motion also sought another 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.”

In the motion predicated on seven grounds, the applicant argued that the “status quo ante bellum” referred to the last lawful, uncontested state of affairs prior to the institution of the suit.

“As at September 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,” Usman submitted.

He submitted further that INEC, acting under a misapprehension of the Court of Appeal order, removed the names of the said leadership from its portal, and adopted a position of non-recognition which created a vacuum in the leadership structure of the ADC.

Usman argued that INEC’s actions were inconsistent with the true meaning of the Court of Appeal order, capable of rendering the subject matter of the suit nugatory and prejudicial to 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.

Also, in another motion on notice dated April 2 but filed April 7 on Mark’s behalf, the lawyer sought an order granting accelerated hearing of the suit.

Usman, who prayed the court for an order abridging the time within which the parties are to file and exchange all processes in the suit, also sought an order directing that the suit be heard on day-to-day basis until its final determination.

On why the case should be given accelerated hearing, the lawyer stated that the suit had raised fundamental issues affecting the leadership structure of the ADC, a registered political party.

He said the subject matter of the suit has far-reaching implications for democratic governance and political participation.

According to him, the Court of Appeal has already directed that the matter be heard expeditiously.

He said the present uncertainty surrounding the leadership of ADC is affecting its internal administration, impeding its participation in political activities and creating avoidable institutional confusion.

Usman further stated that the continued pendency of the suit is capable of rendering the subject matter nugatory, encouraging parallel structures and conflicting claims.

The lawyer, who said that the court has the power to accelerate proceedings in deserving cases, said it is in the interest of justice to determine the matter without delay.

Recall Justice Nwite had, on September 4, 2025, declined to grant an application seeking to stop Mark-led leadership of the ADC, pending the hearing of the substantive suit.

The judge had refused the three prayers sought in the ex-parte motion filed by Mr Gombe, a former Deputy National Chairman of ADC, and moved by his lawyer, Michael Agber.

Rather, the judge had directed Gombe, the plaintiff in the suit, to put all the defendants on notice to show cause why the motion should not be granted.

The judge then adjourned the matter until September 15, 2025, for the defendants to show cause.

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

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