The David Mark-led ADC prays the court to quash INEC’s decision

The leadership of the African Democratic Congress (ADC), led by David Mark, has prayed to the Federal High Court in Abuja to quash the decision of the Independent National Electoral Commission (INEC).

INEC has on April 1 officially removed the names of Mark (National President) and Ogbeni Rauf Aregbesola (National Secretary) of the African Democratic Congress (ADC) from its official portal and website.

Mark also urged Justice Emeka Nwite to grant an order of mandatory injunction quashing INEC’s refusal to attend or monitor ADC conferences or conventions, pending the hearing and determination of the immediate suit.

He also sought an order of mandatory injunction directing INEC to immediately restore and maintain the names of all ADC National Working Committee (NWC) in its archives and portal, prior to the institution of the suit and pending the hearing and determination of the substantive suit.

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

The motion by the former Senate President, who is the national president of the ADC, is a reaction to the March 12 Court of Appeal ruling in a lawsuit brought by the Hon. Nafiu Bala Gombe before Justice Nwite.

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

Required findings include; “an order of mandatory injunction, nullifying the decision, act or directive of the respondent removing the names of the appellant’s National Working Committee from its official portal and the decision of refusal to participate in or monitor the appellant’s conferences or conventions pending the hearing and determination of the case.

He sought an order of mandatory injunction, directing INEC to immediately restore and preserve the records of the names of Senator David Mark as National President 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 documents of the first defendant, recognizing or giving effect to any contrary or concurrent claims, pending the final determination of this case.

Citing seven reasons why the application should be accepted, the lawyer argued that the Court of Appeal, in a ruling delivered on March 12, ordered the parties to maintain the status quo ante bellum.

Usman argued that the “status quo ante bellum” referred to the last legitimate and unchallenged state of affairs before the institution of the suit.

“As at 2 September 2025, when this action was brought, the 2nd defendant (Senator David Mark) was the recognized national president of the 1st defendant.

“The aforementioned leadership structure had already been established.

“The plaintiff had already resigned from his previous position and had no subsistence role within the party,” he said.

The lawyer further stated that INEC, by misinterpreting the Court of Appeal order, removed the names of the said executives from its portal.

He said the election umpire then adopted a non-recognition stance and created a vacuum in the ADC’s management structure.

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

“The law is firm that mandatory injunction can be issued at the interlocutory stage to restore a party to the unjustly altered position.

“This is a fit case for the exercise of equitable jurisdiction of this honorable court,” the senior advocate said.

Additionally, in another motion for notice dated April 2 but filed April 7 on Mark’s behalf, the attorney requested an order granting an expedited hearing of the case.

Usman, who prayed to the court for an order shortening the time within which the parties must file and exchange all processes in the case, also sought an order directing that the case be heard on a daily basis until its final decision.

On why the case should be subjected to an expedited hearing, the lawyer said the case raised fundamental issues affecting the leadership structure of the ADC, a registered political party.

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

According to him, the Court of Appeal has already ordered that the matter be dealt with expeditiously.

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

Usman further said that the continued pendency of the case is capable of rendering the matter futile by encouraging parallel structures and conflicting claims.

The lawyer, who said the court has the power to expedite proceedings in meritorious cases, said it is in the interest of justice to resolve the matter without delay.

NAN reports that Justice Nwite, on September 4, 2025, refused to grant an application seeking to restrain the ADC leadership led by Mark, pending the hearing of the substantive case.

The judge had rejected the three prayers requested in the ex parte motion filed by Mr Gombe, former national vice president of the ADC, and moved by his lawyer, Michael Agber.

Rather, the judge had ordered Gombe, the plaintiff in the case, to serve notice to all defendants to show cause why the motion should not be granted.

The judge then adjourned the matter until September 15, 2025, for the defendants to prove their case.

However, the ADC led by Mark approached the Court of Appeal to challenge the lower court’s jurisdiction to hear the case, and the appellate court ordered the parties to return to the lower court and maintained the status quo ante bellum pending the decision of the case.

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

Nwosu was the former ADC national president who resigned from David Mark’s leadership.(NAN)

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