David Mark, factional national chairman of the African Democratic Congress (ADC), has approached a federal high court in Abuja seeking to overturn the decision of the Independent National Electoral Commission (INEC) to withdraw recognition of his leadership.
Gatekeepers News reports that in a motion filed before Justice Emeka Nwite, Mark is asking the court to compel INEC to restore his name as national chairman and that of Rauf Aregbesola as national secretary of the party.
INEC had, on April 1, removed the names of Mark and Aregbesola from its official portal, effectively derecognising the party’s national working committee (NWC). The commission also stated that it would no longer recognise any faction of the ADC, including that led by Nafiu Bala, following its review of a Court of Appeal judgement.
Through his counsel, Sulaiman Usman, Mark is also seeking an order compelling INEC to monitor the party’s congresses and convention pending the determination of the suit. He further asked the court to restrain the electoral body from recognising any rival leadership or altering the ADC’s records until the matter is resolved.
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 maintained that as of September 2, 2025, when the suit was filed, Mark was the recognised national chairman of the ADC, with the leadership structure already in place. According to him, INEC’s decision to remove the 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,” Usman said.
“This is a proper case for the exercise of the equitable jurisdiction of this honourable court.”
Mark is also seeking an accelerated hearing, urging the court to abridge the time for filing processes and to hear the case on a day-to-day basis.
Usman argued that the dispute has far-reaching implications for the party’s internal administration and 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.
The legal action stems from a protracted leadership crisis within the party. Bala, a former deputy national chairman, had filed the suit marked FHC/ABJ/CS/1819/2025, challenging the legitimacy of the Mark-led leadership.
In September 2025, Justice Nwite declined an ex parte application to halt the leadership and instead directed that all parties be put on notice. Dissatisfied, the Mark-led faction approached the appellate court, which ordered all 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 as defendants in the case.
