ADC Leadership Dispute: Court Asked to Reverse INEC Decision Removing David Mark, Aregbesola

A fresh legal battle has emerged over the leadership of the African Democratic Congress (ADC), as the faction led by David Mark has approached the Federal High Court in Abuja seeking to overturn a decision by the Independent National Electoral Commission (INEC). The dispute centres on INEC’s removal of key party officials from its official records, raising concerns about internal party stability and broader democratic processes.

Legal Challenge Against INEC’s Actions

The Mark-led leadership is contesting INEC’s decision of April 1, which saw the removal of David Mark as National Chairman and Rauf Aregbesola as National Secretary from the commission’s portal. Through a motion filed on April 7 by senior lawyer Sulaiman Usman, SAN, the applicants are asking the court to restore the previous leadership structure pending the determination of the substantive suit.

The application seeks a mandatory injunction compelling INEC to reinstate the names of all members of the ADC’s National Working Committee. It also requests that the electoral body be restrained from recognising any alternative leadership claims or interfering with the party’s internal records until the case is resolved.

Additionally, the plaintiffs are asking the court to set aside INEC’s refusal to monitor or participate in the party’s congresses and conventions. They argue that such refusal undermines the party’s constitutional operations and weakens its ability to function effectively within Nigeria’s political system.

Dispute Rooted in Appeal Court Interpretation

The legal tussle stems from a March 12 ruling by the Court of Appeal, which directed all parties to maintain the “status quo ante bellum” — a legal term referring to the last uncontested state of affairs before the dispute began. According to the applicants, this meant that the leadership structure as of September 2, 2025, when the suit was initiated, should remain in place.

Mark’s legal team contends that INEC misinterpreted this directive by removing the leadership from its records, thereby creating a vacuum within the party. They argue that such action contradicts the intent of the appellate court and risks rendering the ongoing case meaningless if not corrected.

The suit, originally filed by Hon. Nafiu Bala Gombe, challenges the legitimacy of the current leadership. However, the defendants maintain that the plaintiff had already resigned from his previous role and no longer holds any standing within the party, further complicating the legal arguments.

ADC Call for Accelerated Hearing Amid Political Uncertainty

In a separate motion, the Mark-led faction has requested an accelerated hearing of the case before Justice Emeka Nwite. The applicants argue that the lingering uncertainty surrounding the party’s leadership is affecting its internal administration and limiting its participation in political activities.

They further warn that prolonged delays could encourage the emergence of parallel leadership structures, deepen internal divisions, and create confusion among party members and supporters. The legal team emphasised that the matter carries significant implications for democratic governance and political participation in Nigeria.

The court had previously declined an ex parte application to halt the activities of the Mark-led leadership but directed all parties to present their arguments. With the appellate court already calling for expedited proceedings, the plaintiffs insist that a swift resolution is necessary to preserve the integrity of the party and the electoral process.

The unfolding legal battle between the ADC leadership and INEC underscores the fragile nature of internal party politics and the critical role of judicial interpretation in resolving disputes. As the court prepares to hear the case, its outcome is expected to shape not only the future of the ADC but also set a precedent for handling similar conflicts within Nigeria’s political landscape.