ADC Leadership Crisis: David Mark Drags INEC to Court Over Derecognition, Seeks Immediate Restoration
The leadership crisis rocking the African Democratic Congress (ADC) has taken a fresh legal turn as the faction led by former Senate President, Senator David Mark, approached the Federal High Court in Abuja, seeking urgent judicial intervention over actions taken by the Independent National Electoral Commission (INEC).
The application, obtained by PulseNets, shows that Mark is asking Justice Emeka Nwite to reverse INEC’s decision to derecognise the party’s leadership. He is also requesting a mandatory injunction compelling the electoral body to recognise and monitor the ADC’s congresses and convention pending the determination of the substantive suit.
In the motion, Mark further prayed the court to direct INEC to immediately restore and maintain the names of all members of the party’s National Working Committee (NWC) on its official records and portal, as they existed before the suit was filed.
PulseNets learnt that INEC had, on April 1, removed the names of Senator David Mark as National Chairman and Rauf Aregbesola as National Secretary of the ADC from its official website and portal, a move that triggered the current legal battle.
The motion on notice, dated April 7 and filed the same day, was instituted by Mark through his counsel, Sulaiman Usman, SAN. The legal action is a direct response to the March 12 judgment of the Court of Appeal in a suit earlier filed by Nafiu Bala Gombe before Justice Nwite.
The application, which seeks three principal reliefs, was filed pursuant to Order 26, Rules 1 to 4 of the Federal High Court (Civil Procedure) Rules, 2019, invoking both the inherent and equitable jurisdiction of the court to grant injunctive reliefs.
Among the reliefs sought are:
“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.”
Mark also asked the court to grant:
“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.”
Additionally, he is seeking:
“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.”
Providing seven grounds for the application, Usman argued that the Court of Appeal, in its March 12 ruling, had directed all parties to maintain the status quo ante bellum.
He explained that the term refers to the last uncontested and lawful state of affairs before 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,” he said.
Usman, who spoke to PulseNets through court filings, maintained that INEC acted on a misinterpretation of the appellate court’s directive when it removed the names of the party’s leadership from its portal.
He argued that the electoral body’s stance created a vacuum within the ADC’s leadership structure and amounted to non-recognition inconsistent with the Court of Appeal’s order.
According to him, the development is capable of rendering the substance of the suit nugatory and prejudicial to both 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.
In a separate motion on notice dated April 2 but filed on April 7, PulseNets reported that Mark is also seeking accelerated hearing of the case.
Through his counsel, he requested the court to abridge the time for filing and exchanging processes and to order that the matter be heard on a day-to-day basis until its conclusion.
Justifying the request, Usman argued that the suit raises fundamental questions affecting the leadership structure of a registered political party and carries significant implications for democratic governance and political participation.
He noted that the Court of Appeal had already directed that the matter be treated with urgency.
The lawyer further stated that the lingering uncertainty over ADC’s leadership is disrupting its internal administration, limiting its political engagements, and creating avoidable confusion within the party.
He warned that prolonged litigation could encourage parallel structures and conflicting claims, ultimately undermining the integrity of the process.
Usman added that the court possesses the authority to expedite proceedings in deserving cases and urged it to act in the interest of justice.
PulseNets recalls that Justice Nwite, on September 4, 2025, declined an ex-parte application seeking to restrain the Mark-led leadership of the ADC pending the determination of the substantive suit.
The application, filed by Nafiu Bala Gombe, a former Deputy National Chairman of the party, was moved by his counsel, Michael Agber.
The court refused the three reliefs sought and instead directed the plaintiff to put all defendants on notice to show cause why the application should not be granted, before adjourning the matter to September 15, 2025.
Dissatisfied, the Mark-led leadership challenged the jurisdiction of the trial court at the Court of Appeal, which subsequently ordered all parties to return to the lower court while maintaining the status quo ante bellum pending the final determination of the case.
Also Read: ADC Protest in Abuja: Atiku, Obi, David Mark Lead #OccupyINEC as Party Demands INEC Chairman’s Removal
In the suit marked FHC/ABJ/CS/1819/2025, Gombe listed the ADC, Senator David Mark, Rauf Aregbesola, INEC, and Chief Ralph Nwosu as first to fifth defendants respectively.
Nwosu is the former national chairman of the ADC who stepped down to pave the way for the current leadership under Mark.
