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Mark-led ADC Returns To Court After Threats, Protest

• Faction seeks quick hearing, order for recognition

• Bala Gombe leads counter-protest

The National Working Committee (NWC) of the African Democratic Congress, (ADC),  has asked a court to void the withdrawal of its recognition by the Independent National Electoral Commission (INEC).

On April 1, the commission removed the names of the National Chairman, David Mark; the National Secretary, Rauf Aregbesola and others from its website following a Court of Appeal ruling.

In a motion on notice, Mark is praying the Federal High Court in Abuja for an order of mandatory injunction directing INEC to restore recognition to all members of the National Working Committee (NWC).

He is also seeking an order of mandatory injunction setting aside the removal of the party officers’ names from INEC’s portal and website, as well as the decision not to attend or monitor the applicants’ congresses or convention, pending the hearing and determination of the suit.

Mark is further praying the court for “an order restraining the electoral agency 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.”

On Wednesday, leaders of the party, including former Vice President Atiku Abubakar, former governors Peter Obi, Rabiu Kwankwaso and Rotimi Amaechi, marched to the INEC headquarters demanding the resignation of INEC Chairman, Prof. Joash Amupitan, and his commissioners.

They submitted a letter containing their request to the commission.

Mark and his team insisted they would proceed with the scheduled congresses despite INEC’s derecognition of the ADC leadership.

However, that course of action was criticised by Senate Minority Leader Abba Moro and a Peoples Democratic Party (PDP) chieftain from Ogun State, Segun Sowunmi, who said INEC should not be intimidated.

Yesterday, there was a counter-protest at the INEC headquarters led by Rafiu Bala Gombe and a member of the House of Representatives, Leke Abejide.

The protesters criticised the David Mark-led NWC, which they described as illegal, and urged INEC to recognise Gombe as chairman.

They argued that a return to the status quo ante bellum, as ordered by the Court of Appeal, means recognising Bala Gombe, not for INEC to refuse to recognise any faction.

Mark goes to court

The motion on notice was filed on April 7 by Mark’s new lawyer, Sulaiman Usman (SAN).

The motion is in reaction to the March 12 Court of Appeal judgment in a suit instituted by Bala 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 its equitable jurisdiction to grant injunctive reliefs.

Giving a seven-ground argument on 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 “status quo ante bellum” refers to the last lawful, uncontested state of affairs prior to the institution of the suit.

He said: “As at September 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 counsel further stated that INEC, acting under a misapprehension of the Court of Appeal order, removed the names of the said leadership from its portal.

Usman said the electoral umpire adopted a position of non-recognition and thereby created a vacuum in the leadership structure of the ADC.

He argued that INEC’s actions, which are inconsistent with the true meaning of the Court of Appeal order, are capable of rendering the subject matter of the suit nugatory and prejudicial to Mark and Aregbesola.

He 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.”

Also, in another motion on notice dated April 2 but filed April 7 on Mark’s behalf, the lawyer sought an order granting accelerated hearing of the suit.

Usman, who prayed the court for an order abridging the time within which parties are to file and exchange all processes in the suit, also sought an order directing that the suit be heard on a day-to-day basis until its final determination.

On why the case should be given an accelerated hearing, the lawyer said the suit raises fundamental issues affecting the leadership structure of the ADC, a registered political party.

He argued that the issue has far-reaching implications for democratic governance and political participation.

Usman said the Court of Appeal had already directed that the matter be heard expeditiously.

He added that the current uncertainty surrounding the leadership of the ADC is affecting its internal administration, impeding its participation in political activities, and creating avoidable institutional confusion.

Usman said the continued pendency of the suit is capable of rendering the subject matter nugatory, thereby encouraging parallel structures and conflicting claims.

The lawyer, who said the court has the power to accelerate proceedings in deserving cases, added that it is in the interest of justice to determine the matter without delay.

On September 4 last year, Justice Nwite declined to grant an application seeking to stop the Mark-led leadership of the ADC, pending the hearing of the substantive suit.

The judge refused the three prayers sought in the ex parte motion filed by Gombe, a former Deputy National Chairman of the ADC, moved by his lawyer, Michael Agber.

Rather, the judge directed Gombe, the plaintiff in the suit, to put all the defendants on notice to show cause why the motion should not be granted.

The judge then adjourned the matter until September 15, 2025, for the defendants to show cause.

However, the Mark-led ADC approached the Court of Appeal to challenge the lower court’s jurisdiction, and the appellate court ordered the parties to return to the trial court and maintain the status quo ante bellum pending the determination of the case.

Gombe, in the suit marked FHC/ABJ/CS/1819/2025, had sued the ADC, Mark, Aregbesola, INEC and Chief Ralph Nwosu as 1st to 5th defendants respectively.

Abejide leads protest, demands Gombe’s recognition

Leading a peaceful protest at the INEC headquarters, Abejide urged the commission to recognise Gombe as National Chairman and upload his name on INEC’s portal ahead of the 2027 general election.

Gombe, who also addressed the protesters, insisted that his demand was backed by a subsisting Court of Appeal order, urging the electoral body to uphold the rule of law.

He said: “As I address you today, I urge INEC to place my name on its portal in line with the status quo ante bellum order of the Court of Appeal. This is not just a personal request but a plea for justice, accountability, and adherence to the rule of law.

“As I speak today, I urge that my name be placed on the portal as required by the status quo order of the Court of Appeal. This is not just a personal request; it is a plea for justice, accountability, and adherence to the rule of law.”

Gombe said the directive should serve as a guide to restore order and stability within the party rather than halt its internal activities.

He added: “We must emerge stronger, more united, and more committed to the ideals that bind us together.”

Gombe traced the ADC leadership crisis to the resignation of former National Chairman, Ralph Okey Nwosu, lamenting that it triggered the emergence of a rival faction led by Mark.

He alleged that the faction, backed by prominent political figures, attempted to seize control of the party through illegitimate means, including the forging of party members’ signatures.

Gombe warned that such actions undermine democratic principles and erode public confidence in political institutions, stressing that the crisis reflects deeper concerns about respect for the rule of law and democratic governance.

He stressed: “This conflict reflects a deeper issue:  respect for the rule of law and the principles guiding democratic governance.”

Gombe said the party’s constitutional provisions on membership and leadership eligibility had been violated, particularly the requirement that members must spend at least two years in the party before contesting for national offices.

He said: “Between 2023 and 2025, our party has faced a leadership crisis stemming from disputed leadership changes.”

Gombe maintained that the Court of Appeal ordered all parties to maintain the status quo in April 2023, adding that the position supports his claim to legitimacy.

He wondered why the rival camp dismissed that interpretation as misleading.

Abejide, who represents the Yagba Federal Constituency of Kogi State, urged INEC to resist attempts to hijack the party, insisting that the ADC constitution clearly outlines eligibility criteria for leadership positions.

He said: “We are here to urge INEC to do the right thing and rescue democracy from the hands of usurpers. How do you come to a party and attempt to hijack leadership on the same day?

 “The constitution is clear: one must be an active member for at least two years before aspiring to any position,” he said.

In response, INEC said it would review the request presented by the protesting group.

Speaking on behalf of the commission, National Commissioner (North-West), Professor Abdullahi Abdu Zuru, assured that the matter would be considered.

He said: “I believe INEC, as a commission, will look into this and revert.”

Sowunmi to ADC: You can’t use protests to coerce institutions

Sowunmi described the protest by Mark and his group as a misguided attempt to pressure institutions and gain political advantage.

In a statement on his X handle, he said while protest is a democratic right, it must not be exploited as a tool for coercion or political opportunism.

Sowunmi said: “Let us be clear: the right to protest is not a licence for political opportunism, nor is it a tool for blackmailing institutions into surrender.”

He said some of the actors involved are “recent converts” attempting to reap benefits from a political platform they only recently joined.

The PDP chieftain alluded to contradictions within the ADC, noting that individuals who have moved across multiple parties are now seeking to assert legitimacy through public pressure rather than established processes.

He added: “Those now shouting the loudest under the banner of grievance are, in many cases, political migrants who have only just arrived, yet already demand to harvest where they neither sowed nor invested.”

Sowunmi defended INEC’s position, saying the commission must not yield to external pressure, especially in matters already before the courts.

Moro faults ADC’s call for Amupitan’s resignation

Senate Minority Leader Abba Moro dismissed calls by Mark and others for Amupitan’s resignation.

Speaking on television, Moro said the agitation for Amupitan’s removal would not address the broader challenges of conducting credible elections.

He said: “If you are a student of Nigerian political history, you will know that it is not the first time a political party has demanded the resignation of the chairman of the electoral body. I don’t think that is the ultimate solution.”

Moro, who represents Benue South Senatorial District, said even if the INEC chairman resigns, it would not automatically resolve issues surrounding the conduct of the 2027 general elections.

He added: “Assuming, without conceding, that the INEC chairman resigns today, who will midwife the 2027 elections? If you say the chairman is biased, the implication is that the entire electoral body is no longer fit to conduct elections.”

Moro also criticised the resort to protests by the ADC, warning against the continuous heating up of the polity.

He said: “I don’t believe in the constant raising of political temperature through protests. ADC is just one political party out of about 19 participating in Nigeria’s electoral process. If they want to unseat the President, it is their legitimate right, but is that the way to go about it?”

He maintained that allegations of misinterpretation of court rulings by INEC should be addressed through legal means rather than street protests, noting that lawyers often hold differing views on judicial pronouncements.

Moro accused some political actors of attempting to take over the ADC as a platform for their ambitions instead of following due process.

He said: “People left their parties and say they are adopting ADC to unseat the President. Fine. But if you want to adopt a platform, do you go and take it over? Instead of going through the process and exonerating themselves, they are on the streets.”

Moro attributed the PDP crisis to the activities of political actors, including governors, legislators and other leaders.

He said the crisis was exacerbated by the decision to proceed with a convention in Ibadan despite a subsisting court order and advice from party stakeholders to delay it.

He said: “The National Assembly caucus advised against holding the convention because of a subsisting court order and prevailing disagreements among key stakeholders. But that advice was ignored, and the convention was eventually nullified by the court.”

Moro, however, expressed optimism that the PDP is gradually overcoming its internal challenges, stressing that it remains a viable opposition platform.

He said efforts were ongoing to rebuild confidence and unity in the party, adding that recent steps taken by its leadership, as recognised by INEC, have helped stabilise the situation.

While acknowledging that legal pronouncements alone cannot galvanise political support, Moro said party leaders are working to restore enthusiasm among members ahead of the 2027 elections.

He added: “Political actors: governors, legislators and party leaders are primarily responsible for the crisis we have witnessed in the PDP and other parties.

“Legal pronouncements confer legitimacy, but they alone cannot mobilise people for the party.

“Efforts are ongoing by some of us to regenerate enthusiasm and restore excitement around the PDP. We are working to re-engineer the party by rebuilding confidence and bringing members together ahead of 2027.

“The crisis would have been minimised if we had prioritised reconciliation before proceeding with the convention. There is a need to strengthen internal cohesion rather than create multiple centres of influence within the party.

“Our focus now is to stabilise the party structure and re-energise our base for future electoral contests. Despite the challenges, I am not hesitant about the PDP; many of us remain committed to repositioning it as a credible alternative.

“What is required at this stage is not further division, but deliberate efforts to rebuild unity and trust within the party.

“We are determined to restore the PDP as a strong and viable opposition platform capable of contesting and winning elections.”

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