The African Democratic Congress (ADC) led by David Mark has approached a Federal High Court in Abuja, asking it to compel the Independent National Electoral Commission (INEC) to reverse changes made to the party’s leadership records on its portal.
In a motion on notice filed before Justice Emeka Nwite, the party is seeking an order of mandatory injunction setting aside INEC’s decision to remove its National Working Committee (NWC) members from the commission’s records, as well as its refusal to monitor the party’s congresses and convention.
The applicants also urged the court to direct INEC to immediately restore and maintain the names of all members of the ADC’s NWC on its portal, pending the hearing and determination of the substantive suit.
INEC had, on April 1, removed the names of Mark (National Chairman) and Rauf Aregbesola (National Secretary) from its official website and portal.
The motion, dated and filed on April 7 by Mark’s counsel, Sulaiman Usman (SAN), is in response to the March 12 judgment of the Court of Appeal in a suit earlier instituted by Nafiu Bala Gombe before Justice Nwite.
The application, which seeks three reliefs, was brought pursuant to Order 26, Rules 1, 2, 3 and 4 of the Federal High Court (Civil Procedure) Rules, 2019, as well as the inherent and equitable jurisdiction of the court to grant injunctive reliefs.
The reliefs sought include: “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.”
Giving seven grounds for the application, Usman argued that the Court of Appeal, in its ruling delivered on March 12, ordered the parties to maintain the status quo ante bellum.
He explained that the term referred to the last lawful and uncontested state of affairs before the institution of the suit.
The lawyer further submitted that INEC, acting under a misapprehension of the appellate court’s order, removed the names of the party’s leadership from its portal.
He said the electoral body thereby adopted a position of non-recognition, creating a vacuum in the ADC’s leadership structure.
Usman argued that INEC’s actions were inconsistent with the true meaning of the Court of Appeal’s order and were capable of rendering the subject matter of the suit nugatory and prejudicial to 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, the lawyer also sought an order for accelerated hearing of the suit.
He urged the court to abridge the time for filing and exchange of processes and to hear the case on a day-to-day basis until its final determination.
Usman argued that the suit raises fundamental issues affecting the leadership structure of the ADC, with far-reaching implications for democratic governance and political participation.
He added that the Court of Appeal had already directed that the matter be heard expeditiously.
According to him, the uncertainty surrounding the party’s leadership is affecting its internal administration, hindering its participation in political activities, and creating institutional confusion.
He further warned that the continued pendency of the suit could render its subject matter nugatory and encourage parallel structures and conflicting claims.
Justice Nwite had, on September 4, 2025, declined an ex parte application seeking to stop the Mark-led leadership of the ADC pending the determination of the substantive suit.
The application was filed by Nafiu Bala Gombe, a former Deputy National Chairman of the party, through his counsel, Michael Agber.
Instead, the judge directed the plaintiff to put all defendants on notice to show cause why the application should not be granted and adjourned the matter to September 15, 2025.
Dissatisfied, the Mark-led group approached the Court of Appeal, challenging the trial court’s jurisdiction. The appellate court subsequently directed the parties to return to the lower court and to maintain the status quo ante bellum pending the determination of the case.
Gombe had sued the ADC, Mark, Aregbesola, INEC, and Ralph Nwosu as 1st to 5th defendants, respectively.
Nwosu is the former national chairman of the party who stepped down for the Mark-led leadership.
