David Mark and Aregbesola challenge INEC’s derecognition in court – What could happen next?

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The David Mark-led leadership of the African Democratic Congress (ADC) has approached the Federal High Court in Abuja, requesting the reversal of the Independent National Electoral Commission (INEC)’s decision to derecognize the party’s leadership.

Mark, in his application, has also asked Justice Emeka Nwite to issue a mandatory injunction, overturning INEC’s refusal to attend or monitor the ADC’s congresses or convention, pending the hearing of the case.

He further requested that INEC restore and maintain the names of the ADC National Working Committee (NWC) members in its records and online portal, as they were prior to the filing of the suit, until the matter is resolved.

Recall that INEC officially removed the names of David Mark (National Chairman) and Rauf Aregbesola (National Secretary) from its portal on April 1.

The motion, filed on April 7 by Mark’s new lawyer, Sulaiman Usman, SAN, comes in response to the Court of Appeal’s ruling on March 12, which was a result of a case brought before Justice Nwite by Nafiu Bala Gombe.

The motion, seeking three specific reliefs, was filed pursuant to the Federal High Court’s (Civil Procedure) Rules 2019 and under the court’s equitable jurisdiction to grant injunctive reliefs.

The three reliefs sought are: “an order of mandatory injunction setting aside the decision of the respondent (INEC) removing the names of the applicant’s National Working Committee from its official portal, and the refusal to attend or monitor the applicant’s congresses or convention pending the hearing of the case.”

The motion also seeks a mandatory injunction directing INEC to immediately restore the names of Senator David Mark as National Chairman, Rauf Aregbesola as National Secretary, and all other members of the National Executive Committee (NEC).

Furthermore, the application seeks an order restraining INEC from tampering with or interfering with the leadership records of the 1st defendant, and from recognizing any contrary or competing claims, until the final determination of the suit.

The legal team outlined seven arguments for granting the application, noting that the Court of Appeal had ordered the parties to maintain the status quo before the lawsuit was filed.

Usman further argued that as of September 2, 2025, when the action was initiated, David Mark was the legally recognized National Chairman of the ADC, and the leadership had already been constituted.

He added that INEC, acting under a misinterpretation of the Court of Appeal order, removed the leadership names from its portal, thereby creating a leadership vacuum within the ADC.

Usman contended that INEC’s actions were inconsistent with the Court of Appeal’s directive, potentially rendering the suit irrelevant and prejudicial to Mark and Aregbesola’s position.

“The law is clear that a mandatory injunction may be granted at an interlocutory stage to restore a party to its original position,” the senior lawyer argued.

Additionally, Usman filed another motion on April 7, seeking accelerated hearing of the suit. He requested that the court expedite the process and allow for day-to-day hearings until a final decision is made.

He emphasized that the case raised critical issues concerning the ADC’s leadership structure, with broader implications for democratic governance and political participation.

According to Usman, the uncertainty surrounding the ADC’s leadership is disrupting its internal operations, affecting its political activities, and fostering confusion within the party.

He concluded that it is in the interest of justice to resolve the matter without unnecessary delay, given the potential consequences of prolonging the legal dispute.

It is worth noting that in September 2025, Justice Nwite had declined to grant an application that sought to halt the Mark-led leadership of the ADC. The judge had instead directed Gombe, the plaintiff, to notify all defendants and show cause for the motion.

The case, marked FHC/ABJ/CS/1819/2025, involves ADC, Mark, Aregbesola, INEC, and Chief Ralph Nwosu as defendants. Nwosu, the former ADC national chairman, stepped down for the Mark-led leadership.

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