ADC drags INEC to court over deletion of party leaders’ names

The African Democratic Congress led by Senator David Mark has instituted legal action at the Federal High Court in Abuja, asking the court to compel the Independent National Electoral Commission to reverse the removal of its top officials from the commission’s records.

The case, filed as FHC/ABJ/CS/1819/2025, arose after INEC deleted the names of Mark, identified as National Chairman, and Rauf Aregbesola, National Secretary, from its official portal on April 1.

In a motion on notice dated April 7, Mark, through his lawyer, Sulaiman Usman (SAN), urged the court to grant a mandatory injunction directing the electoral body to immediately reinstate the names of members of the party’s National Working Committee as they stood prior to the dispute.

The application, filed under Order 26 Rules 1 to 4 of the ADCFederal High Court (Civil Procedure) Rules, 2019, and the court’s inherent jurisdiction, is seeking three key reliefs.

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Part of the reliefs reads, “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 the suit.”

The applicant also sought “an order of mandatory injunction, directing INEC to forthwith restore and maintain records of the names of Senator David Mark as National Chairman and Rauf Aregbesola as National Secretary, as well as all members of the National Executive Committee.”

In addition, the motion is seeking “an order restraining INEC from 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.”

The legal action follows the March 12 ruling of the Court of Appeal in a matter initiated by a former deputy national chairman of the party, Nafiu Gombe, before Justice James Omotosho of the Federal High Court.

Presenting a seven-point argument in support of the motion, Usman maintained that the appellate court had clearly instructed all parties to preserve the status quo ante bellum, referring to the last undisputed position before the commencement of litigation.

He argued, “As of Sept. 2, 2025, when this action was instituted, the 2nd defendant (Senator David Mark) was the recognised national chairman of the 1st defendant.

“The said leadership structure had already been constituted. The plaintiff had already resigned his prior office and had no subsisting role within the party.”

The senior advocate further contended that INEC misinterpreted the appellate court’s directive by removing the names of the party’s leadership, thereby creating what he described as a vacuum within the party.

He added that the commission’s action amounts to non-recognition that contradicts the intent of the Court of Appeal’s order and could undermine the substance of the pending case.

According to him, “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.”

In a separate application dated April 2 and filed on April 7, the applicant also requested an accelerated hearing of the case, citing its urgency and the significant implications for the party’s operations.

The motion urged the court to shorten the time for filing and exchanging processes and to order daily hearings until the matter is resolved.

Explaining the request, the lawyer said the case raises critical issues concerning the leadership of a registered political party and has wider implications for democratic governance and participation.

He noted that the Court of Appeal had already directed that the matter be handled expeditiously, warning that the ongoing uncertainty surrounding the party’s leadership is affecting its administration and political activities.

Usman further warned that failure to promptly resolve the dispute could lead to the emergence of parallel structures and competing claims within the party.

“The continued pendency of the suit is capable of rendering the subject matter nugatory,” he said.

Court documents indicate that the dispute began in September 2025 when the trial judge declined an ex parte application filed by Gombe seeking to stop the activities of the Mark-led leadership pending the determination of the case.

Instead, the court directed the plaintiff to notify all defendants to show cause why the application should not be granted.

Subsequently, the Mark-led leadership challenged the jurisdiction of the trial court at the Court of Appeal, which directed all parties to return to the lower court and maintain the status quo ante bellum.

In the substantive suit, Gombe named the African Democratic Congress, Mark, Aregbesola, INEC, and Ralph Nwosu as the 1st to 5th defendants.

Nwosu, a former national chairman of the party, had earlier stepped down, paving the way for Mark’s emergence as leader of the party.

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