₦airaland Forum

The David Mark-led leadership of the African Democratic Congress (ADC) has filed a suit praying the Federal High Court in Abuja to reverse its derecognition by the Independent National Electoral Commission (INEC)

In the suit before Justice Emeka Nwite, Mark also urged the court to grant an order of mandatory injunction setting aside INEC’s refusal to attend or monitor the ADC’s congresses or convention, pending the hearing and determination of the instant suit.


He equally sought an order of mandatory injunction directing INEC to forthwith restore and maintain the names of all ADC’s National Working Committee (NWC) in its records and portal, prior to the institution of the suit, and pending the hearing and determination of the substantive suit.

The suit followed INEC’s removal of the names of Mark (National Chairman) and Ogbeni Rauf Aregbesola (National Secretary) of the African Democratic Congress (ADC) from its official portal and website on April 1.

The motion on notice, dated and filed on April 7 was filed by Mark’s new lawyer, Sulaiman Usman, SAN.


The motion by the former Senate President, who is the embattled national chairman of ADC, is in reaction to the March 12 Court of Appeal’s judgment in a suit instituted by Hon Nafiu Bala Gombe before Justice Nwite.

The motion, which sought three reliefs, was brought pursuant to Order 26, Rules 1, 2, 3 and 4 of the Federal High Court (Civil Procedure) Rules, 2019; the inherent jurisdiction of the court and under the 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 the suit.


He 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 Ogbeni Rauf Aregbesola as National Secretary, as well as all members of the National Executive Committee.

He sought 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.”

Giving seven-ground argument why the application should be granted, the lawyer submitted that the Court of Appeal, in its ruling delivered on March 12, ordered the parties to maintain the status quo ante bellum.


Usman argued that the “status quo ante bellum” referred to the last lawful, uncontested state of affairs prior to the institution of the suit.

“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,” he said.

The lawyer further stated that INEC, acting under a misapprehension of the Court of Appeal order, removed the names of the said leadership from its portal.

He said the electoral umpire then adopted a position of non-recognition and created a vacuum in the leadership structure of ADC.


Usman argued that INEC’s actions were inconsistent with the true meaning of the Court of Appeal order, 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.


Also, in another motion on notice dated April 2 but filed April 7 on Mark’s behalf, the lawyer sought an order granting accelerated hearing of the suit.

Usman, who prayed the court for an order abridging the time within which the parties are to file and exchange all processes in the suit, also sought an order directing that the suit be heard on day-to-day basis until its final determination.

On why the case should be given accelerated hearing, the lawyer stated that the suit had raised fundamental issues affecting the leadership structure of the ADC, a registered political party.


He said the subject matter of the suit has far-reaching implications for democratic governance and political participation.

According to him, the Court of Appeal has already directed that the matter be heard expeditiously.

He said the present uncertainty surrounding the leadership of ADC is affecting its internal administration, impeding its participation in political activities and creating avoidable institutional confusion.


Usman further stated that the continued pendency of the suit is capable of rendering the subject matter nugatory, encouraging parallel structures and conflicting claims.

The lawyer, who said that the court has the power to accelerate proceedings in deserving cases, said it is in the interest of justice to determine the matter without delay.

Justice Nwite had, on Sept. 4, 2025, declined to grant an application seeking to stop Mark-led leadership of the ADC, pending the hearing of the substantive suit.


The judge had refused the three prayers sought in the ex-parte motion filed by Mr Gombe, a former Deputy National Chairman of ADC, and moved by his lawyer, Michael Agber.

Rather, the judge had directed Gombe, the plaintiff in the suit, to put all the defendants on notice to show cause why the motion should not be granted.

The judge then adjourned the matter until Sept. 15, 2025, for the defendants to show cause.


However, the Mark-led ADC approached the Appeal Court to challenge the lower court’s jurisdictional power to hear the suit, and the appellate court ordered the parties to go back to the trial court and maintained status quo ante bellum pending the determination of the case.

Gombe, in the suit marked: FHC/ABJ/CS/1819/2025, had sued ADC, Mark, Aregbesola, INEC and Chief Ralph Nwosu as 1st to 5th defendants respectively.

Nwosu was the former ADC national chairman who stepped down for David Mark leadership.

seunmsg:
Is this a new suit or is it David Mark’s response to suit filed by Bala Gombe?

Putindbutt:
When we thought these comedians had entertained us enough, they even have more jokes up their sleeves.

You went back to the same court and the same judge you have been disobeying?, Lol.

You went back to the same court and the same judge to ask for mandatory injunction against the order of Appeal Court which INEC obeyed.

You must be living in a fool's paradise if you think the court will bend to your shortcut.

Instead of obeying the court who asked you to come and show cause, you rather were dancing and clowning at INEC's office. Your blackmailing is about to backfire.

helinues:
They met a buffalo dead at the river bank and quickly brought out a knive without inquiring what killed it

When did Mark join ADC that he want to be parading himself as the chairman?

ddippset:
How does all this useless epistle stop INEC from respecting status quo ante bellum ordered by the appeal court of higher jurisdiction?

Putindbutt:
A new one ooo my brother

Putindbutt:
They're afraid to face Nafiu Bala in court.

helinues:
Imagine the so called veteran politicians losing sleep because of Bala who is a junior in politics

That shows how clueless and unserious they are

seunmsg:
Is this a new suit or is it David Mark’s response to suit filed by Bala Gombe? This looks like a new suit with INEC as the sole respondent.

If it’s a new suit, then the court should quickly throw it out as it would be nothing other than an abuse of court process. The preservative orders are in respect of the suit instituted by Bala Gombe. Going behind Bala Gombe to ask the court to grant all the reliefs they are seeking is an abuse of court process.

Putindbutt:
Even Kwankwaso was trying to bully him. They overrated themselves, they thought by now the country would be burning because of them, Lol. Even Elrufai who thought the North will burn if he's picked up, is still in jail now and everybody is going about their businesses.

seunmsg:
They are not serious. They are trying to box INEC to a corner with this suit. Now I get why they are intensifying campaign and propaganda against INEC. INEC will be reluctant to argue against the reliefs. If Bala Gombe is not party, he better quickly file to be joined as a party.

Putindbutt:
Your own status quo ante bellum is David Mark the usurper being the chairman of the party?.

Are you aware that as at the time Nafiu Bala went to court, INEC had not recognized David Mark as Chairman on their portal?

ddippset:
You're still playing ostrich right?

It is the Court that will tell INEC what to do and not the other way round.

Nafiu went to court to challenge David Mark being Chairman and the court said maintain status quo.
That has only one meaning,,, maintain David Mark until the case is heard...that is what INEC should obey.


I repeat;:::

The court tells INEC what to do,,
INEC doesn't tell the court what to do.

Penguin2:
Before Nafiu Gombe there was Lamidi Apapa.

Where is he today? Back into oblivion.

That’s how this illiterate will fizzle out too.

Putindbutt:
Dey play... Maintaining David Mark who was not on INEC'S list as at when Bala approached the court. The court of appeals had given it's order to INEC and INEC had reversed to where it was before the suit.

Better tell your oga dem to enter court and stop using your head.

ddippset:
That's the mischief in you.

INEC can do whatever they want, you seem to think they are a commission from heaven!

No sir they are not. They are at best a department in the Presidency...and APC.
Tinubu orders them to do whatever he wants them to do.

I insist the chairman of any political party is not determined by whomever INEC chooses to recognize.
It is whom the party tells INEC to recognize.

And in the case of litigation, it is whomever the court orders INEC to recognize.

The Appeal Court is very clear on this;; the reason why Bala went to court is because David Mark was sitting on the seat.

Then the court tells Bala and everyone maintain status quo.

Who would help me paint a picture for this dude to understand this very very very simple matter abeg 😂?

Anyway,, this would be my last response for tonight..

But I promise to educate you more in the morning,,,if you yarn another opata!

Penguin2:
Before Nafiu Gombe there was Lamidi Apapa.

Where is he today? Back into oblivion.

That’s how this illiterate will fizzle out too.

Kastonkastroll:
Not that these ones(adc) are any better but both INEC and the courts should let the opposition parties be! Democracy won't thrive with one party system.

If Jonathan has used courts and inec to interfere so much in our electoral system and opposition parties i don't think there will be APC today.


Let dangerous precedence shouldn't be set! A party's internal crisis should solely be their problem and not that of the courts or inec.

helinues:
Imagine the so called veteran politicians losing sleep because of Bala who is a junior in politics

That shows how clueless and unserious they are

Putindbutt:
A new one ooo my brother

seunmsg:
Is this a new suit or is it David Mark’s response to suit filed by Bala Gombe? This looks like a new suit with INEC as the sole respondent.

If it’s a new suit, then the court should quickly throw it out as it would be nothing other than an abuse of court process. The preservative orders are in respect of the suit instituted by Bala Gombe. Going behind Bala Gombe to ask the court to grant all the reliefs they are seeking is an abuse of court process.

fergie001:
Two suits were filed.
1st against INEC - Derecognition
2nd against Gombe - the primary suit