DAVID MARK ASKS COURT TO OVERTURN INEC’S DERECOGNITION OF HIS ADC LEADERSHIP

David Mark, who is the factional national chairman of the African Democratic Congress (ADC), has asked a federal high court in Abuja to cancel the decision made by the Independent National Electoral Commission (INEC) to remove his leadership position in the party.
In a legal document submitted to Judge Emeka Nwite, Mark is requesting that the court order INEC to reinstate his name as well as that of Rauf Aregbesola as the national chairman and national secretary of the party, respectively.
INEC had, on April 1, deleted 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 recognize 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 recognizing 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.
The suit follows a leadership dispute within the ADC.
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