David Mark Faction Sues INEC To Regain ADC Leadership Control

The African Democratic Congress (ADC), led by David Mark, has asked the Federal High Court in Abuja to order the Independent National Electoral Commission (INEC) to restore the party’s leadership details removed from its online records.

In an application filed before Justice Emeka Nwite, the party wants the court to overturn INEC’s decision to delete the names of its National Working Committee (NWC) members from the commission’s portal.

It is also challenging INEC’s refusal to supervise the party’s congresses and national convention.

The ADC further requested that the court direct INEC to immediately return and keep the names of all its NWC members on the portal until the main case is decided.

On April 1, INEC removed the names of David Mark, listed as National Chairman, and Rauf Aregbesola, listed as National Secretary, from its website and online portal.

The motion, dated April 7 and filed by Mark’s lawyer, Sulaiman Usman (SAN), followed the March 12 ruling of the Court of Appeal in an earlier case filed by Nafiu Bala Gombe before Justice Nwite.

The request, which contains three main reliefs, was brought under the Federal High Court’s civil procedure rules and the court’s equitable powers to grant injunctions.

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.”

Usman gave seven reasons why the court should grant the request, arguing that the Court of Appeal, in its March 12 decision, clearly directed all parties to maintain the “status quo ante bellum,” meaning the last peaceful and lawful situation before the lawsuit began.

According to him, INEC misunderstood that order and wrongly removed the names of the party leaders from its portal.

He said this action effectively placed the ADC leadership in a state of non-recognition, creating confusion and a leadership gap within the party.

The senior lawyer insisted that INEC’s move went against the true meaning of the Appeal Court’s ruling and could damage the case by making the main issues meaningless before judgment.

“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 lawyer said.

In another motion dated April 2 but also filed on April 7, Usman asked the court to fast-track the matter.

The lawyer requested shorter timelines for filing court documents and urged Justice Nwite to hear the case daily until it is concluded.

According to him, the suit involves critical issues about the ADC’s leadership, with serious consequences for democratic governance and political participation.

He also pointed out that the Court of Appeal had already instructed that the matter be handled quickly.

Usman said the unresolved leadership dispute is already disrupting the party’s internal administration, limiting its political activities, and causing confusion within its structure.

He warned that allowing the case to drag on could make the dispute worse by encouraging parallel leadership factions and conflicting claims.

KanyiDaily recalls that Nafiu Bala’s faction protested at the INEC headquarters in Abuja over the ADC leadership struggle.