The African Democratic Congress, led by David Mark, has approached the Federal High Court in Abuja, seeking an order to compel the Independent National Electoral Commission to reverse changes made to its leadership records on the commission’s portal.
In a motion filed before Justice Emeka Nwite, the party is requesting a mandatory injunction to nullify INEC’s decision to remove members of its National Working Committee (NWC) and its refusal to monitor the party’s congresses and convention.
The applicants also urged the court to direct INEC to immediately restore and retain the names of all NWC members on its portal pending the determination of the substantive case.
INEC had, on April 1, removed the names of Mark as National Chairman and Rauf Aregbesola as National Secretary from its official records.
The motion, dated April 7 and filed by Mark’s counsel, Sulaiman Usman, followed a March 12 ruling by the Court of Appeal in a suit earlier instituted by Nafiu Bala Gombe.
The application, which seeks three reliefs, was filed under the Federal High Court (Civil Procedure) Rules, 2019, and the court’s equitable powers to grant injunctive orders.
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 this suit.
“An order of mandatory injunction, directing the 4th respondent (INEC) to forthwith restore and maintain records and portal, the names of Senator David Mark as National Chairman and Ogbeni Rauf Aregbesola as National Secretary, as well as all members of the National Executive Committee of the 1st defendant (ADC), as they were, prior to the institution of this suit, pending the hearing and determination of the substantive suit.
“An order of injunction, restraining the 4th defendant (INEC), whether by itself, its agents, privies or servants, from removing, altering, 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 grounds for the application, Usman argued that the Court of Appeal had directed all parties to maintain the “status quo ante bellum” in its March 12 ruling, meaning the last uncontested position before the suit began.
He stated that INEC, acting under a misunderstanding of that directive, removed the names of the party’s leadership from its portal, effectively creating uncertainty within the party’s structure.
According to him, the commission’s action amounts to non-recognition of the leadership and risks undermining 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.
“This is a proper case for the exercise of the equitable jurisdiction of this honourable court,” the senior lawyer submitted.
In a separate motion filed on April 7, the counsel also requested an accelerated hearing of the case, urging the court to shorten timelines for filing processes and to hear the matter daily until it is resolved.
He argued that the case raises critical issues affecting the leadership structure of the ADC and has broader implications for democratic governance and political participation.
Usman added that the ongoing dispute is disrupting the party’s internal administration, limiting its political activities, and creating confusion within its ranks.
He warned that delays in resolving the matter could lead to parallel leadership claims and render the case ineffective.
Earlier, on September 4, 2025, Justice Nwite had declined an ex parte application seeking to halt the Mark-led leadership of the party pending the outcome of the suit filed by Gombe through his lawyer, Michael Agber.
Instead, the court directed that all parties be notified to respond and adjourned the case to September 15, 2025.
Following that decision, the Mark-led faction approached the Court of Appeal, challenging the trial court’s jurisdiction. The appellate court later directed the parties to return to the lower court and maintain the existing situation until the matter is resolved.
Gombe had filed the suit against the ADC, Mark, Aregbesola, INEC, and Ralph Nwosu, who previously led the party before stepping down for the current leadership.
What you should know
The ADC has taken legal action against INEC over the removal of its leadership details from the commission’s portal.
The party argues that the move violates a Court of Appeal directive to maintain the existing situation before the dispute began. The case centres on leadership recognition, which affects the party’s ability to function and participate in political activities.
ADC is seeking urgent court intervention to restore its officials and prevent further interference.
The outcome could impact internal party stability and broader democratic processes, especially if conflicting leadership claims continue to emerge during the legal battle.
