ABUJA — The Senator David Mark-led leadership of the African Democratic Congress (ADC) has commenced a legal battle against the Independent National Electoral Commission (INEC) at the Federal High Court in Abuja, seeking to reverse the electoral body’s decision to de-recognise the party’s leadership .
The suit, marked FHC/ABJ/CS/1819/2025 and presided over by Justice Emeka Nwite, follows INEC’s official removal of Senator David Mark’s name as National Chairman and Rauf Aregbesola’s name as National Secretary from its official portal and website on April 1, 2026 .
In a motion on notice dated and filed on April 7 by Mark’s counsel, Sulaiman Usman (SAN), the former Senate President is asking the court to grant three principal reliefs .
The reliefs sought include:
1. An order of mandatory injunction setting aside INEC’s decision to remove the names of the ADC’s National Working Committee (NWC) from its portal and the refusal to attend or monitor the party’s congresses or convention, pending the hearing and determination of the suit .
2. An order of mandatory injunction directing INEC to forthwith restore 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, in its records and portal .
3. An order restraining INEC from tampering with or interfering with the said leadership records, or recognising any contrary or competing claims, pending the final determination of the suit .
The motion is a direct response to the March 12 judgment of the Court of Appeal in a dispute initiated by Nafiu Bala Gombe, a former Deputy National Chairman of the ADC, before Justice Nwite .
In a seven-ground argument supporting the application, Usman submitted that the appellate court had expressly ordered all parties to maintain the status quo ante bellum—a legal principle referring to the last lawful, uncontested state of affairs before litigation commenced .
“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 (Gombe) had already resigned his prior office and had no subsisting role within the party,” Usman argued .
The senior lawyer further contended 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, thereby creating a vacuum in the leadership structure of the ADC .
Usman argued that INEC’s actions were inconsistent with the true meaning of the appellate court’s directive and 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,” Usman submitted .
In a related application also dated April 2 but filed April 7, the faction is seeking an accelerated hearing of the suit, citing the far-reaching implications of the dispute on democratic governance and political participation. The motion urges the court to abridge time for filing processes and order day-to-day hearing until final determination .
It will be recalled that Justice Nwite had, on September 4, 2025, declined to grant an ex-parte application seeking to stop the Mark-led leadership of the ADC, instead directing Gombe to put all defendants on notice .
The suit originally named ADC, Senator David Mark, Rauf Aregbesola, INEC, and Chief Ralph Nwosu (the former ADC National Chairman who stepped down for the Mark leadership) as 1st to 5th defendants respectively .
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