By Nchetachi Chukwuajah
The Senator David Mark-led faction of the African Democratic Congress (ADC) has dragged the Independent National Electoral Commission (INEC) to the Federal High Court in Abuja over INEC’s decision to derecognise its leaders.
In a suit marked FHC/ABJ/CS/1819/2025, the ADC faction seeks orders to compel the electoral body to reverse its decision to delete the party’s top officials, including David Mark and Rauf Aregbesola, from its records.
Mark, in a motion on notice dated April 7, filed through his counsel, Sulaiman Usman, SAN, prayed the court to issue a mandatory injunction directing the electoral body to immediately restore the names of the party’s National Working Committee (NWC) members as they existed before the dispute.
The application, brought pursuant to Order 26 Rules 1–4 of the Federal High Court (Civil Procedure) Rules, 2019, as well as under the court’s inherent and equitable jurisdiction, seeks three principal 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.
“An order of mandatory injunction, directing INEC to forthwith restore and maintain records of the names of Senator David Mark as National Chairman and Rauf Aregbesola as National Secretary, as well as all members of the National Executive Committee.
“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.”
The application is in response to the March 12 judgement of the Court of Appeal in a case filed by a former Deputy National Chairman of the party, Nafiu Gombe, before Justice James Omotosho of the Federal High Court.
Usman contended in a seven-point argument supporting the motion that the appellate court had expressly ordered all parties to maintain the status quo ante bellum, a legal principle referring to the last uncontested state of affairs before litigation commenced.
He argued, “As of 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.”
The lawyer further argued that INEC acted under a misinterpretation of the appellate court’s directive by removing the names of the party’s leadership, thereby creating what he described as a vacuum within the party’s structure.
He added that INEC’s decision amounts to a position of non-recognition that is inconsistent with the true intent of the Court of Appeal’s order and capable of undermining the substance of the pending suit.
“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,” Usman added.
In a related application also filed on April 7 but dated April 2, the applicant is seeking an accelerated hearing of the case, citing the urgency and far-reaching implications of the dispute for the party’s operations.
The application urged the court to shorten the time for parties to file and exchange processes and to order a day-to-day hearing until the matter is finally determined.
In his justification of the request for accelerated hearing, Usman contended that the suit raises fundamental issues affecting the leadership structure of a registered political party and has broader implications for democratic governance and political participation.
He stated that the Court of Appeal had already directed that the matter be heard expeditiously, warning that the lingering uncertainty over the party’s leadership is hampering its internal administration and political activities.
The lawyer further noted that the situation could encourage the emergence of parallel structures and conflicting claims within the party if not urgently resolved.
“The continued pendency of the suit is capable of rendering the subject matter nugatory,” Usman said.
Recall that INEC had, on April 1, announced the delisting of prominent members of the ADC, including David Mark and Rauf Aregbesola as National Chairman and National Secretary, respectively, from its records.
INEC, through its National Commissioner and Chairman of the Information Committee, Mohammed Haruna, said the decision complied with a court order directing it to maintain the status quo pending the final judgement of the trial court.
The party has been battling a lingering leadership crisis since 2025, following the emergence of a new National Working Committee (NWC) led by Mark in July. The dispute stemmed from disagreements over the tenure of former chairman, Ralph Nwosu, which ended in August 2022.
Nwosu was reported to support the 2025 transition; however, his deputy, Nafiu Bala Gombe, insisted he should assume the role of acting chairman after Nwosu’s exit.
The Mark-led ADC stated that INEC’s action is an alleged plot to prevent it from fielding candidates in the 2027 general election and that the electoral body’s decision was orchestrated to create obstacles that would ultimately exclude it from the electoral process.
