The David Mark-led leadership of the African Democratic Congress has asked the Federal High Court in Abuja to overturn the Independent National Electoral Commission’s move to strike him and National Secretary Ogbeni Rauf Aregbesola from the party’s register.
INEC scrubbed their names from its website on 1 April, Mark put the request before Justice Emeka Nwite.
Senator Mark is seeking a mandatory injunction to compel INEC to reverse its April 1 decision, which saw the names of himself as National Chairman and Ogbeni Rauf Aregbesola as National Secretary deleted from the commission’s official website and portal.
The embattled leadership is also praying the court for an order of mandatory injunction directing INEC to attend and monitor the party’s congresses and national convention, pending the hearing and determination of the substantive suit.
The motion, filed on April 7 by Mark’s lead counsel, Sulaiman Usman, SAN, follows a March 12 Court of Appeal judgment. That judgment arose from an earlier suit instituted by a rival claimant, Hon. Nafiu Bala Gombe.
Usman argued that INEC acted under a “misapprehension” of the appellate court’s directive to maintain the *status quo ante bellum*. He contended that the “status quo” refers to the state of affairs before the litigation began.
“As of September 2, 2025, when this action was instituted, the 2nd defendant (Senator David Mark) was the recognized national chairman. The leadership structure had already been constituted, and the plaintiff (Gombe) had already resigned his prior office,” Usman submitted.
The legal team argued that by removing the Mark-led National Working Committee (NWC), INEC has effectively created a leadership vacuum that is prejudicial to the party’s operations.
In a separate motion, the ADC leadership is pushing for an accelerated hearing of the case. They are requesting the court to hear the matter on a day-to-day basis to resolve the “institutional confusion” within the party.
The senior lawyer noted that the uncertainty surrounding the ADC’s leadership is impeding its internal administration and participation in democratic activities. He stressed that the Court of Appeal had already hinted at the need for an expeditious resolution to prevent the subject matter from being rendered nugatory.
The legal battle began when Nafiu Bala Gombe, a former deputy national chairman, filed suit FHC/ABJ/CS/1819/2025, challenging the leadership of the Mark-led faction.
The Mark group had initially challenged the trial court’s jurisdiction, leading to an appeal. While the appellate court ordered the parties to return to the trial court, it mandated the maintenance of the status quo—an order Mark’s team insists validates their continued stay in office until the final verdict.
The suit joins five defendants: the ADC, Senator David Mark, Ogbeni Rauf Aregbesola, INEC, and Chief Ralph Nwosu, the former chairman who handed over the reins to Mark.
Justice Nwite has previously shown caution in the matter, having declined an earlier ex parte motion by the Gombe faction to stop Mark’s leadership, insisting instead that all parties be put on notice to show cause.
With the new filings, the court is expected to determine whether INEC’s decision to wipe the Mark-led NWC from its records was premature or a lawful adherence to judicial directives.