The Independent National Electoral Commission has released a detailed statement on its position regarding the Court of Appeal’s decision in Appeal No. CA/ABJ/145/2026: Senator David Mark v Hon. Nafiu Bala Gombe & Ors, outlining the claims and counter-claims from both factions of the African Democratic Congress over the party’s leadership.
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
In the press release issued on Wednesday INEC disclosed that it has received conflicting letters from law firms representing the two factions, each making demands on the Commission regarding the recognition of ADC leadership.
INEC disclosed that it received:
First Letter: A letter from the law firm of Suleiman Usman SAN & Co. dated March 16, 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.
Second Letter: A letter from the law firm of Summit Law Chambers also dated March 16, 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 Hon. Nafiu Bala Gombe.
According to INEC, while the letter from Suleiman Usman SAN & Co. urged the Commission not to recognise Mr. Nafiu Bala Gombe as acting National Chairman of the ADC on account of the pending Suit No. FHC/ABJ/CS/1819/2025: Hon. Nafiu Bala Gombe v. ADC & 4 Ors before the Federal High Court, Abuja, where the question of the leadership of the party is presently being contested, the letter from Summit Law Chambers made contrary demands.
Summit Law Chambers attached the Certified True Copy of the Judgment of the Court of Appeal and requested the Commission to enforce the judgment, including:
- 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
- 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
INEC disclosed that by another letter dated March 27, 2026, Summit Law Chambers alleged that the Commission had acted in disobedience of the Court of Appeal’s orders by:
- Inviting Senator David Mark’s group to a political parties’ meeting held on Tuesday, March 24, 2026
- Monitoring a purported National Executive Committee meeting of that group
The solicitors further drew the attention of the Commission to the Motion Ex-Parte and Motion on Notice filed by their client on December 15, 2025, seeking to prevent the ADC from holding any convention, congress, conference, or meeting and to stop INEC from attending, monitoring, observing or recognising any activities of the ADC.
Summit Law Chambers requested INEC to:
- Invalidate the NEC meeting held by Senator David Mark’s group on March 25, 2026
- Remove the name of Senator David Mark’s group from the INEC portal
- Stop recognising or acknowledging correspondence from them until the determination of the pending suit before the Federal High Court, Abuja
- Allow Hon. Nafiu Bala Gombe to take over the affairs of ADC pending the determination of the case
- Respect the orders of the Court of Appeal in Appeal No. CA/ABJ/145/2026
INEC outlined the orders made by the Court of Appeal in its judgment delivered on March 12, 2026, which dismissed the interlocutory appeal by Senator David Mark.
The Court of Appeal stated: “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 Court ordered:
- That Suit No. FHC/ABJ/CS/1819/2025 be granted accelerated hearing in view of the Electoral Time Table released by INEC
- That the parties are 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 ₦2,000,000 (Two Million Naira) awarded in favour of the 1st respondent (Nafiu Bala Gombe)
The Commission, after careful consideration of the Judgment of the Court of Appeal and the processes filed by the parties in the pending suit before the Federal High Court in Abuja, made the following observations:
Origin Of Current NWC: The National Working Committee of the ADC came into being following the National Executive Council Meeting of July 29, 2025, after all the Mr. Ralph Okey Nwosu Exco Members resigned and ratified the appointment of the present members of the NWC led by Senator David Mark.
Gombe’s Position: Hon. Nafiu Bala Gombe, who was the Vice-National Chairman, denied he ever resigned from the party and claimed that following the resignation of the Chairman of the party, Mr. Ralph Okey Nwosu, he automatically ought to take over as the Chairman of the Party, being the only Vice-National Chairman left behind in accordance with the constitution of the Party.
Suit Filed: Hon. Nafiu Bala Gombe, through an Originating Summons, instituted Suit No. FHC/ABJ/CS/1819/2025 before the Federal High Court in Abuja on September 2, 2025.
According to INEC, Gombe sought the following orders:
- An order of injunction restraining Senator David Mark’s group from parading themselves, dealing or continuing to deal with INEC as National Chairman and Secretary of the ADC
- An order restraining INEC from recognising, dealing with or continuing to deal with Senator David Mark and Rauf Aregbesola as the National Chairman and Secretary of the ADC
- An order directing INEC to recognise Hon. Nafiu Bala Gombe as the acting National Chairman of the ADC
- An order restraining INEC from parading Senator David Mark’s group as officials of the ADC
INEC outlined the following timeline:
- September 2, 2025: Gombe filed Originating Summons along with Motion Ex Parte and Motion on Notice restraining INEC from recognising Senator David Mark’s group
- September 4, 2025: The motion ex parte was heard and the trial Judge, Justice Emeka Nwite, directed that the Respondents, including INEC, be put on Notice to show cause why the Motion Ex Parte should not be granted
- September 15, 2025: Gombe filed another Motion Ex Parte and Motion on Notice before the trial court seeking to prevent the ADC from holding any Convention, Congress, Conference or meeting and to stop INEC from attending, monitoring, observing, or recognising any activities organised by the ADC pending the determination of the suit
- December 18, 2025: Senator David Mark appealed against the order of Justice Nwite to the Court of Appeal, Abuja, challenging the jurisdiction of the trial court
- March 12, 2026: The Court of Appeal in Abuja (6 months after the appeal was filed) dismissed the appeal of Senator David Mark and made the preservatory orders
INEC noted that after the Judgment of the Court of Appeal, the Commission received letters from the solicitors to both Senator David Mark’s group and Hon. Nafiu Bala Gombe, making claims and counter-claims to the leadership of the party and making several demands on INEC.
The Commission also disclosed that it received on March 31, 2026, a letter dated March 28, 2026, from Senator David Mark’s group notifying the Commission of the schedule of ADC Congresses and National Convention as well as the revised schedule of activities.
INEC’s detailed statement on the ADC leadership dispute highlights the complex legal battle facing the opposition party ahead of the 2027 elections.
With the Court of Appeal ordering parties to “maintain status quo ante bellum” and refrain from taking any step capable of foisting a fait accompli on the court, both factions appear to be in a legal stalemate.
The accelerated hearing ordered by the Court of Appeal suggests that the judiciary recognises the time-sensitive nature of the dispute, given the electoral timetable.
For the ADC, which has positioned itself as a potential destination for politicians seeking alternatives to the APC and PDP, the leadership crisis creates uncertainty about its ability to field candidates and participate effectively in the 2027 elections.
The Commission’s careful outlining of observations rather than taking a definitive position suggests INEC is awaiting the determination of the substantive suit before the Federal High Court before making any final decision on which faction to recognise.
Until then, the ADC remains a party divided — with two competing claims to leadership and a court order requiring all parties to maintain the status quo.
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
_______________________________________________________________________
“Order Your Copy Now” — Basil Momodu, Esq. Unveils Second Edition Of His Book, "Civil Procedure In Nigeria"
According to the learned author, Basil Momodu Esq. "Law review is a continuum. We will continue to track changes in the law to enrich future editions." Recommended Booksellers: Lagos: 08033855230, Abuja: 08035991379, and others.
______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
