The David Mark-led leadership of the African Democratic Congress (ADC) has lodged a motion on notice before the Federal High Court in Abuja, praying the court to, among others, void the decision by the Independent National Electoral Commission (INEC) to derecognise it.
INEC, on April 1, deleted the names of Mark (National Chairman) and Rauf Aregbesola (National Secretary) from its official portal and website as leaders of the ADC, relying on a Court of Appeal order.
Particularly, Mark wants the court to issue 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.
He also wants 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.
Mark, who is a former Senate President, equally wants 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.”
In the motion on notice filed on April 7 by Sulaiman Usman (SAN), the Mark is also praying the court for an order of mandatory injunction setting aside INEC’s decision not to attend or monitor any of ADC’s congresses or conventions, pending the hearing and determination of the pending substantive suit filed by Nafiu Bala Gombe, now pending before Justice Emeka Nwite (of the same Federal High Court, Abuja).
The applicant argued that the Court of Appeal, in its ruling delivered on March 12, ordered the parties to maintain the status quo ante bellum.
He contended that the “status quo ante bellum” ordered by the appellate court referred to the last lawful, uncontested state of affairs prior to the institution of the suit.
Mark added, “As at September 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.
Mark also 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.
The ex-Senate President 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.
He added, “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.”
He has also filed another motion on notice, praying the court for an order of accelerated hearing of the substantive suit.
Mark also wants the court to issue an order abridging the time within which the parties are to file and exchange all processes, and an order directing that the suit be heard on a day-to-day basis until its final determination.