“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”.
PRESS RELEASE
INEC’S POSITION ON THE COURT OF APPEAL’S DECISION IN APPEAL NO. CA/ABJ/145/2026: SENATOR DAVID MARK V HON. NAFIU BALA GOMBE & ORS
The Independent National Electoral Commission (INEC) has 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 African Democratic Congress (ADC)
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 Hon. Nafiu Bala Gombe.
While the letter from Suleiman Usman SAN & Co urged the Commission not to recognise Mr Nafiu Bala Gombe as acting National Chairman of the African Democratic Congress (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 (ADC) is presently being contested, the letter from Summit Law Chambers, on the other hand, attached the certified True Copy of the Judgment of the Court of Appeal in Suit No. CA/ABJ/145/2026: Senator David Mark v Hon. Nafiu Bala Gombe & Ors and requested the Commission to enforce the judgement of the Court of Appeal, 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; 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.
Subsequently, by another letter on the same subject matter dated 27th March, 2026, Summit Law Chambers alleged that the Commission had acted in disobedience of the Court of Appeal’s Orders by:
i. Inviting Senator David Mark’s group to a political parties’ meeting held on Tuesday, 24th March, 2026; and
ii. Monitoring a purported National Executive Committee meeting of that group.
The solicitors (Summit Law Chambers) further drew the attention of the Commission to the Motion Ex-Parte and Motion on Notice filed by their client on 15th December, 2025, seeking to prevent the 1st Defendant (ADC) from holding any convention, congress, conference, or meeting and to stop INEC from attending, monitoring, observing or recognising any activities of the ADC. They accordingly requested INEC to invalidate the NEC meeting held by Senator David Mark’s group on 25th March, 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 and allow Hon. Nafiu Bala Gombe to take over the affairs of ADC pending the determination of the case, and that INEC should respect the orders of the Court of Appeal in Appeal No. CA/ABJ/145/2026.
ORDERS OF THE COURT OF APPEAL
In its judgement delivered on 12th March, 2026, the Court of Appeal dismissed the interlocutory appeal by Senator David Mark and made amongst others, the following 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…
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 Time Table 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.”
INEC’S OBSERVATIONS
The Commission, after a careful consideration of the Judgment of the Court of Appeal in Appeal No. CA/ABJ/145/2026 and the processes filed by the parties in Suit No. FHC/ABJ/CS/1819/2025 pending before the Federal High Court in Abuja wishes to observe as follows:
That the National Working Committee (NWC) of the Party (ADC) came into being following the National Executive Council Meeting of 29th July, 2025 after all the Mr. Ralph Okey Nwosu Exco Members resigned and ratified the appointment of the present members of the National Working Committee (NWC) led by Senator David Mark.
That 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 Hon. Nafiu Bala Gombe, 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.
That Hon. Nafiu Bala Gombe, through an Originating Summons, instituted Suit No. FHC/ABJ/CS/1819/2025 before the Federal High Court in Abuja on 2nd September, 2025 for an order of injunction restraining Senator David Mark’s group (2nd & 3rd Defendants) from parading themselves, dealing or continuing to deal with INEC as National Chairman and Secretary of the 1st Defendant (ADC), an order restraining INEC from recognising, dealing with or continuing to deal with the 2nd and 3rd Defendants as the National Chairman and Secretary of the 1st Defendant (ADC), an order directing INEC to recognise the Plaintiff (Hon. Nafiu Bala Gombe) as the acting National Chairman of the 1st Defendant (the ADC), an order of the Honourable Court restraining INEC from parading the 2nd and 3rd Defendants (Senator David Mark’s group) as officials of the1st Defendant (ADC), etc.
Along with the Originating Summons were Motion Ex Parte and Motion on Notice restraining INEC from recognising Senator David Mark’s group.
The motion ex parte was heard on 4th September, 2025 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.
The 2nd Defendant (Senator David Mark) decided to appeal against the order of Nwite, J. on 18th December, 2025 to the Court of Appeal, Abuja, challenging the jurisdiction of the trial court.
On 12th March, 2026, the Court of Appeal in Abuja ( 6 months after the appeal was filed) dismissed the appeal of the 2nd Defendant and, in addition, made the above-quoted presevatory orders.
The Plaintiff also filed another Motion Ex Parte and Motion on Notice on 15th September, 2025 before the trial court seeking to prevent the 1st Defendant (ADC) from holding, convening or summoning any Convention, Congress, Conference or meeting and to stop the 4th Defendant (INEC) from attending, monitoring, observing, or recognising any activities organised by the 1st Defendant pending the determination of the suit.
That after the Judgment of the Court of Appeal, the Commission received letters from the solicitors to 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.
That the Commission also received on 31st March, 2026, a letter dated 28th March, 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 earlier contained in their letter of 27th February, 2026.
The request, through a letter dated 29th July, 2025, for the submission of the names of the New Principal Officers of the African Democratic Congress (ADC) for upload on the Commission’s portal was received by INEC on 4th September, 2025 and it was approved by INEC on 9th September, 2025.
RESOLUTON OF THE COMMISSION
Given the above scenario, at the meeting of the Commission on Tuesday, 31st March, 2026, the Commission resolved as follows:
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.
That the Commission would, in accordance with the Order of the Court of Appeal in Appeal No. CA/ABJ/145/2026 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, having regard to all the processes filed before the trial Court.
The Commission refused to accede to the request of the Plaintiff’s Solicitors to allow Hon. Nafiu Bala Gombe to take over the affairs of ADC pending the determination of the case.
The Commission shall not, given the reliefs claimed in the Originating Summons and the pending motions, 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 so as not to do any act capable of foisting a fait accompli on the court or otherwise rendering nugatory the proceedings before the trial court.
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.
CONCLUSION
The Commission reiterates its unwavering commitment to neutrality, impartiality and strict compliance with judicial orders. Political parties and stakeholders are urged to conduct themselves in a manner that does not jeopardise the Electoral Time Table for the 2027 General Election.
Mohammed Kudu Haruna
National Commissioner,
Chairman, Information and Voter Education Committee
1st April 2026
