A fresh crisis has hit the African Democratic Congress as a faction led by David Mark has dragged the Independent National Electoral Commission before the Federal High Court in Abuja.
The group is challenging the electoral body’s decision to remove the names of key party leaders from its official records.
The suit, filed at the Federal High Court and marked FHC/ABJ/CS/1819/2025, follows INEC’s action on April 1, where it deleted the names of Mark as National Chairman and Rauf Aregbesola as National Secretary from its portal. The development has deepened the leadership dispute within the party.
In a motion dated April 7, Mark, through his lawyer, Sulaiman Usman, SAN, is asking the court to compel INEC to reverse the decision.
He wants the court to immediately restore the names of the National Working Committee members as they were before the disagreement started.
Part of the request 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 faction also asked for “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 group 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 is linked to an earlier ruling by the Court of Appeal delivered on March 12. The case was originally filed by a former deputy national chairman of the party, Nafiu Gombe, before Justice James Omotosho of the Federal High Court.
In his argument, Usman told the court that the appellate court had directed all parties to maintain the status quo ante bellum. This means the situation should remain as it was before the dispute began.
He stated, “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 lawyer argued that INEC misunderstood the ruling of the Court of Appeal. He said the removal of the party leaders’ names has created confusion and a leadership gap within the ADC.
According to him, the decision shows a form of non-recognition that goes against the intention of the appellate court’s directive. He warned that such action could weaken the ongoing case and destabilise the party’s structure.
Usman 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.”
In a separate application, the Mark-led faction is also asking for a speedy hearing of the case. The request, filed on April 7, is based on the urgency of the matter and its impact on the party’s activities.
The motion is urging the court to shorten the time for filing processes and to allow daily hearings until the case is concluded. The lawyer said the dispute affects the leadership of a registered political party and could have wider implications for Nigeria’s democratic process.
He warned that the ongoing uncertainty is already affecting the party’s internal operations. He added that if not resolved quickly, it could lead to the emergence of parallel leadership structures within the ADC.
“The continued pendency of the suit is capable of rendering the subject matter nugatory,” he said.
Court records show that the crisis dates back to September 2025. At the time, the trial court refused an ex parte request by Gombe to stop the activities of the Mark-led leadership. Instead, the court asked all parties to appear and respond.
Following that decision, the Mark-led faction approached the Court of Appeal to challenge the jurisdiction of the lower court. The appellate court later directed all parties to return to the Federal High Court and maintain the existing structure pending the hearing of the case.
In the main suit, Gombe listed the ADC, Mark, Aregbesola, INEC and Ralph Nwosu as defendants. Nwosu, a former national chairman of the party, had earlier stepped down, which paved the way for Mark’s emergence as leader.
