By Ayomide Otitoju
The African Democratic Congress (ADC), led by David Mark, has approached the Federal High Court in Abuja seeking an order compelling the Independent National Electoral Commission (INEC) to reverse recent changes made to the party’s leadership records on its portal.
In a motion on notice filed before Justice Emeka Nwite, the party is requesting a mandatory injunction to set aside INEC’s decision to remove members of its National Working Committee (NWC) from its records, as well as the commission’s refusal to monitor the party’s congresses and convention.
The applicants further urged the court to direct INEC to immediately restore and maintain the names of all ADC NWC members on its portal pending the determination of the substantive suit.
INEC had, on April 1, removed the names of Mark, listed as National Chairman, and Rauf Aregbesola, the National Secretary, from its official website and portal.
The motion, dated April 7 and filed by counsel to Mark, Sulaiman Usman (SAN), follows a March 12 judgment of the Court of Appeal in a suit earlier instituted by Nafiu Bala Gombe before Justice Nwite.
Brought pursuant to Order 26, Rules 1 to 4 of the Federal High Court (Civil Procedure) Rules, 2019, the application seeks three principal reliefs, including an order nullifying INEC’s actions and directing the restoration of the party’s leadership records to their status prior to the dispute.
The applicants also seek an injunction restraining INEC, its agents, or privies from further altering or interfering with the ADC’s leadership records or recognising any competing claims pending the final determination of the case.
In support of the application, Usman argued that the Court of Appeal had directed parties to maintain the status quo ante bellum—the last uncontested state of affairs before the suit—adding that INEC misinterpreted the order by removing the party’s leadership from its portal.
He contended that the electoral body’s actions created a leadership vacuum within the ADC and could prejudice the positions of Mark and Aregbesola, as well as render the subject matter of the suit nugatory.
“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 submitted, urging the court to exercise its equitable jurisdiction.
In a separate motion filed the same day, the counsel also sought an accelerated hearing of the case, requesting the court to abridge timelines for filing processes and to hear the matter on a day-to-day basis until its conclusion.
He argued that the suit raises fundamental issues affecting the ADC’s leadership structure, with significant implications for democratic governance and political participation, noting that the appellate court had already directed an expedited hearing.
According to him, the ongoing uncertainty has disrupted the party’s internal administration, hindered its political activities, and created institutional confusion, warning that prolonged litigation could encourage parallel structures and conflicting claims.
The case has its roots in an earlier application filed by Gombe, a former Deputy National Chairman of the party, through his counsel, Michael Agber. On September 4, 2025, Justice Nwite declined an ex parte request to restrain the Mark-led leadership, instead directing that all parties be put on notice.
Dissatisfied with the ruling, the Mark-led faction appealed the decision. The Court of Appeal subsequently ordered all parties to return to the lower court and maintain the status quo ante bellum pending the determination of the suit.
Gombe had instituted the suit against the ADC, Mark, Aregbesola, INEC, and former national chairman Ralph Nwosu, who had earlier stepped down for the current leadership.
