David Mark Asks Court to Reverse INEC’s Derecognition of His ADC Leadership

David Mark, the factional national chairman of the African Democratic Congress (ADC), has approached a Federal High Court in Abuja seeking to overturn the decision of the Independent National Electoral Commission (INEC) to withdraw the recognition of his leadership of the party.

In a motion filed before Justice Emeka Nwite, Mark asked the court to compel INEC to restore his name as national chairman and that of Rauf Aregbesola as the party’s national secretary.

INEC had, on April 1, removed the names of Mark and Aregbesola from its official portal, effectively withdrawing recognition of the party’s National Working Committee (NWC).

The electoral body also stated that it would no longer recognise any of the ADC factions, including the group led by Nafiu Bala, following its interpretation of a judgement by the Court of Appeal.

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Through his counsel, Sulaiman Usman, a Senior Advocate of Nigeria, Mark argued that INEC misinterpreted the appellate court’s ruling delivered on March 12, which directed parties to maintain the “status quo ante bellum.”

“The ‘status quo ante bellum’ refers to the last lawful, uncontested state of affairs prior to the institution of the suit,” the lawyer said.

He explained that as of September 2, 2025, when the suit was filed, Mark was the recognised national chairman of the ADC and the party’s leadership structure had already been established.

Mark is asking the court to set aside INEC’s refusal to monitor the party’s congresses and convention pending the determination of the suit.

He also wants the court to restrain the electoral body from recognising any rival leadership or altering the ADC’s records until the matter is resolved.

According to Usman, INEC’s decision to remove the leadership from its records created uncertainty within the party and undermined the issues before the court.

“The law is settled that a mandatory injunction may be granted at an interlocutory stage to restore a party to the position wrongfully altered,” the lawyer said.

“This is a proper case for the exercise of the equitable jurisdiction of this honourable court.”

Mark is also seeking an accelerated hearing of the case, urging the court to shorten the time allowed for filing legal processes and hear the matter on a day-to-day basis.

His lawyer argued that the dispute has serious implications for the party’s internal administration and its ability to participate in political activities.

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