The David Mark-led leadership of the African Democratic Congress (ADC) has prayed the Federal High Court in Abuja to reverse the decision of the Independent National Electoral Commission (INEC).
INEC officially removed 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.
Mark also urged Justice Emeka Nwite 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 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 judgement 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 a seven-point 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.
