David Mark asks court to overturn INEC’s derecognition of his ADC leadership

David Mark, factional national chairman of the African Democratic Congress (ADC), has asked a federal high court in Abuja to overturn the decision of the Independent National Electoral Commission (INEC) to derecognise his leadership of the party.

In a motion filed before Emeka Nwite, the presiding judge, Mark is seeking orders compelling INEC to restore his name and that of Rauf Aregbesola as national chairman and national secretary of the party, respectively.

INEC had, on April 1, removed the names of Mark and Aregbesola from its portal, effectively withdrawing recognition of the party’s national working committee (NWC).

The commission also stated that it would no longer recognise any of the ADC factions, including that of Nafiu Bala, following its review of a judgement of the court of appeal.

Through his lawyer, Sulaiman Usman, a senior advocate of Nigeria (SAN), Mark is asking the court to set aside INEC’s refusal to monitor the party’s congresses and convention pending the determination of the suit.

He is further seeking an order restraining the electoral body from recognising any rival leadership or altering the ADC’s records until the case is decided.

Usman argued that INEC misinterpreted an earlier ruling of the court of appeal delivered on March 12, which directed parties to maintain the “status quo ante bellum.”

“The ‘status quo ante bellum’ refers to the last lawful, uncontested state of affairs prior to the institution of the suit,” the lawyer said.

He added that as of September 2, 2025, when the suit was filed, Mark was the recognised national chairman of the ADC, and the leadership structure was already in place.

According to him, INEC’s decision to remove the ADC leadership created uncertainty within the party and undermined the subject matter of the case.

“The law is settled that a mandatory injunction may be granted at an interlocutory stage to restore a party to the position wrongfully altered,” the lawyer said.

“This is a proper case for the exercise of the equitable jurisdiction of this honourable court.”

Mark is also seeking an accelerated hearing of the suit, urging the court to abridge the time for filing processes and to hear the matter on a day-to-day basis.

His lawyer argued that the dispute has significant implications for the internal administration of the party and broader democratic participation.

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

BACKGROUND

The suit follows a leadership dispute within the ADC.

Nafiu Bala, a former deputy national chairman of the party, had filed the case marked FHC/ABJ/CS/1819/2025, challenging the legitimacy of the Mark-led leadership.

In September 2025, Nwite declined to grant an ex parte application seeking to stop the leadership and instead directed that all parties be put on notice.

Dissatisfied, the Mark-led leadership approached the appellate court, which ordered parties to return to the trial court and maintain the existing state of affairs pending the determination of the suit.

Bala had joined the ADC, Mark, Aregbesola, INEC, and Ralph Nwosu, a former national chairman of the party, as defendants in the case. (TheCable)