INEC withdraws recognition of David Mark-led ADC over a’court judgment

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David Mark

The Independent National Electoral Commission (INEC) says it will no longer accept correspondences from either faction of the African Democratic Congress (ADC) led by David Mark or Rafiu Bala, following its review of the March 12 court of appeal judgement.

In a statement issued on Wednesday, Mohammed Kudu, INEC commissioner for information and voter education, said the commission will also refrain from engaging with both groups or monitoring their meetings, congresses, and conventions pending the determination of the case before the federal high court.

Kudu said INEC received a letter from the law firm of Suleiman Usman SAN & Co. dated 16th March 2026, titled “RE: Notice of pending proceedings before the federal high court and caution against any purported recognition of Mr Nafiu Bala gombe as acting national chairman of the African democratic congress (ADC)” written on behalf of concerned stakeholders within the ADC.

The commissioner added that the commission also received a letter from the law firm of Summit Law Chambers also dated 16th March 2026 titled “DEMAND FOR ENFORCEMENT OF THE ORDERS MADE BY THE COURT OF APPEAL, ABUJA DIVISION IN APPEAL NO: CA/ABJ/145/2026: SENATOR DAVID MARK V HON. NAFIU BALA GOMBE & 4 ORS” written on behalf of Gombe.

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Kudu noted that while the letter from Suleiman Usman SAN & Co urged the commission not to recognise Gombe as acting national chairman of the ADC due to a pending suit before the federal high court in Abuja, the correspondence from Summit Law Chambers took a contrary position.

According to him, the latter attached a certified true copy of the judgement of the court of appeal in the suit between David Mark and Gombe and requested the commission to enforce the ruling.

He said the law firm’s requests include “ceasing recognition of Senator David Mark and Ogbeni Rauf Aregbesola as National Chairman and National Secretary respectively of ADC; removing their names from the Commission’s portal; and refraining from dealing with or recognising any actions taken by them in respect of the party in line with the preservation orders made by the Court of Appeal.”

Kudu said in another letter dated March 27, 2026, Summit Law Chambers alleged that the commission had acted in disobedience of the court of appeal’s orders.

According to him, the law firm claimed that INEC erred by “inviting Senator David Mark’s group to a political parties’ meeting held on Tuesday, 24th March, 2026; and monitoring a purported National Executive Committee meeting of that group.”

He said the solicitors also drew the commission’s attention to motions filed on December 15, 2025, seeking to restrain the ADC from holding any convention, congress, conference, or meeting, and to stop INEC from recognising any of its activities.

They subsequently asked the commission to invalidate the national executive committee (NEC) meeting held by Mark’s group on March 25, remove the group’s name from the INEC portal, and stop recognising or acknowledging correspondence from them pending the determination of the suit before the federal high court in Abuja.

The firm also urged INEC to allow Gombe to take over the affairs of the party pending the resolution of the case and to comply with the orders of the court of appeal in appeal number CA/ABJ/145/2026.

The commission in its statement on Wednesday noted that the orders of the court of appeal are central to the ADC leadership dispute.

According to the commission, the court of appeal in its judgement delivered on March 12, 2026, dismissed an interlocutory appeal filed by Mark and issued a number of preservatory orders.

“Finally, it is necessary to make preservatory orders to ensure that the subject matter of the dispute pending before the trial court is not prejudiced as courts have inherent powers to control and regulate proceedings to ensure justice….” the statement reads.

“The court said the orders were necessary to protect the integrity of the proceedings and the eventual determination of the substantive suit pending before the federal high court in suit number FHC/ABJ/CS/1819/2025.

“Accordingly, in order to protect the integrity of the proceedings and the eventual determination of the substantive suit pending before the Federal High Court in Suit No. FHC/ABJ/CS/1819/2025,

“IT IS HEREBY ORDERED AS FOLLOWS: “That Suit No. FHC/ABJ/CS/1819/2025, be and is hereby granted accelerated hearing in view of the Electoral Timetable released by the 4th Respondent.

“That the parties are hereby directed to maintain the status quo ante bellum and shall refrain from taking any step or doing any act capable of foisting a fait accompli on the court or otherwise rendering nugatory the proceedings before the trial court.

“Cost of N2,000,000.00 (Two Million Naira) is awarded in favour of the 1st respondent.”

 Observations by INEC

The commission observed that, following a careful consideration of the judgement of the court of appeal in appeal number CA/ABJ/145/2026 and the processes filed by parties in suit number FHC/ABJ/CS/1819/2025 pending before the federal high court in Abuja, several issues have shaped the leadership dispute within the ADC.

According to INEC, the current national working committee (NWC) of the party emerged from a national executive committee meeting held on July 29, 2025, after members of the Ralph Okey Nwosu-led executive resigned and ratified a new leadership headed by Mark.

INEC noted that Gombe, who was vice-national chairman, denied resigning from the party and argued that he ought to have assumed leadership following the resignation of Nwosu, in line with the party’s constitution.

The commission said Gombe subsequently approached the federal high court in Abuja on September 2, 2025, seeking an order restraining Mark’s group from parading themselves as national chairman and secretary of the party, as well as an order directing INEC to recognise him as acting national chairman.

According to INEC, Gombe also sought to stop the commission from recognising or dealing with Mark’s group as officials of the party.

INEC added that motions ex parte and on notice were filed alongside the originating summons, seeking to restrain the commission from recognising Mark’s group.

It said the motion ex parte was heard on September 4, 2025, after which Emeka Nwite, the presiding judge, directed the respondents, including INEC, to show cause why the application should not be granted.

The commission further noted that Mark appealed the order on December 18, 2025, challenging the jurisdiction of the trial court, but the court of appeal dismissed the appeal on March 12, 2026, and issued preservatory orders.

INEC also disclosed that Gombe filed another motion on September 15, 2025, seeking to restrain the ADC from holding any convention, congress, conference, or meeting, and to stop INEC from monitoring or recognising any such activities pending the determination of the suit.

Following the appellate court judgement, the commission said it received multiple letters from solicitors to both parties, making competing claims to the party’s leadership and issuing various demands.

It added that on March 31, 2026, it received a letter dated March 28 from Mark’s group notifying the commission of the schedule of ADC congresses and national convention, including a revised timetable of activities.

INEC further stated that an earlier request for the submission of names of new principal officers of the ADC, conveyed in a letter dated July 29, 2025, was received on September 4, 2025, and subsequently approved by the commission on September 9, 2025.

The Resolutions

In its resolutions, INEC said it would abide strictly by the orders of the court of appeal in handling the leadership dispute within the ADC.

The commission said that at its meeting on Tuesday, it resolved “to maintain the status quo ante bellum as directed by the Court of Appeal based on the facts and position of the parties existing before 2nd September 2025, when the case was filed by the plaintiff.”

INEC added that it would “refrain from taking any step or doing any act capable of foisting a fait accompli on the court or otherwise rendering nugatory the proceedings before the trial court,” in line with the appellate court’s directive.

The commission said it declined the request by the plaintiff’s solicitors to allow Nafiu Bala Gombe to take over the affairs of the party pending the determination of the case.

It further stated that “the Commission shall not… receive any further communication or deal with any of the parties or groups pertaining the affairs of the party and will not monitor any meeting, congress or convention convened on behalf of the African Democratic Congress (ADC) by any group until the matter is decided by the Federal High Court, Abuja.”

“Since the names of the current National Working Committee members led by Senator David Mark were uploaded on 9th September, 2025 by INEC (7 days after the suit was instituted), the names would be removed from the INEC portal pursuant to the order of the Court of Appeal to maintain the status quo ante bellum until the matter is decided by the trial court,” INEC stated.

The commission reiterated “its unwavering commitment to neutrality, impartiality and strict compliance with judicial orders,” urging political parties and stakeholders to act in ways that do not jeopardise the electoral timetable for the 2027 general election.

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