David Mark-led ADC Faction Drags INEC to Court Over Leadership De-recognition
ABUJA — The leadership of the African Democratic Congress (ADC), under the chairmanship of former Senate President David Mark, has initiated a legal battle against the Independent National Electoral Commission (INEC) at the Federal High Court in Abuja.
The suit seeks to compel the electoral umpire to reverse its recent decision to de-recognize the party's current leadership and remove their names from its official portal.
The Push for Judicial Intervention
In a motion on notice filed on April 7, 2026, by lead counsel Sulaiman Usman, SAN, the Mark-led faction is seeking a mandatory injunction to:
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Restore Leadership Records: Direct INEC to immediately restore the names of Senator David Mark (National Chairman), Rauf Aregbesola (National Secretary), and other National Working Committee (NWC) members to its portal.
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Monitor Party Activities: Compel INEC to attend and monitor the party’s congresses and conventions, which the commission had previously refused to do.
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Restrain Interference: Prevent INEC from recognizing any competing leadership claims until the substantive suit is resolved.
The legal move follows INEC’s April 1 decision to scrub the names of Mark and Aregbesola from its website, a move the commission reportedly made following a March 12 Court of Appeal judgment.
Arguments Over "Status Quo"
The core of the dispute hinges on the interpretation of a Court of Appeal order to maintain the "status quo ante bellum" (the state of affairs before the conflict began).
Usman, SAN, argued that INEC misinterpreted this order. He maintained that as of September 2, 2025, when the original litigation commenced, David Mark was the recognized National Chairman. Therefore, the "status quo" should reflect Mark's leadership rather than a leadership vacuum or the return of previous executives.
"INEC’s actions were inconsistent with the true meaning of the Court of Appeal order," Usman stated, adding that the commission's current stance is "prejudicial" and creates "avoidable institutional confusion."
Request for Accelerated Hearing
Citing the high stakes for democratic governance and the internal administration of the ADC, Mark's legal team has also applied for an accelerated hearing. The motion requests that the court:
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Abridge the time for filing and exchanging legal processes.
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Hear the matter on a day-to-day basis to ensure a swift resolution.
Background of the Tussle
The leadership crisis began in 2025 when a former Deputy National Chairman, Nafiu Bala Gombe, filed a suit (FHC/ABJ/CS/1819/2025) seeking to stop the Mark-led administration. While the High Court initially declined to grant an ex-parte injunction against Mark, the matter moved to the Court of Appeal to challenge the trial court's jurisdiction.
The appellate court subsequently ordered the parties to return to the Federal High Court for a final determination while maintaining the original state of affairs—leading to the current dispute over what that "original state" actually entails.
The case remains pending before Justice Emeka Nwite, with both sides awaiting a scheduled date for the hearing of the new motions.
