By Reuben Abati

Members of the African Democratic Congress (ADC) are incensed by the de-recognition of the leadership of their party by Nigeria’s electoral umpire, INEC, relying on a March 12, 2026 judgement of the Court of Appeal in Abuja (Appeal No. CA/ABJ/145/2026) viz: Senator David Mark v. Hon. Nafiu Bala Gombe & Ors. This move by the INEC has turned out to be a big, destabilizing blow to the ADC which was fast emerging as the most dominant opposition party to the ruling APC. Prior to the throwing of this curve ball which has now disoriented the ADC and exposed fissures within its ranks, the party had emerged with the second largest number of representatives in the National Assembly, and perhaps from the national to the grassroots level. It boasts among its ranks, political bigwigs such as former Vice President Atiku Abubakar (ex-PDP), Peter Obi (ex-Labour), Rotimi Amaechi (ex-APC), Nasir El-Rufai (ex-APC), Dr. Rabiu Musa Kwakwanso (ex-NNPP). Its advertised Chairman is former Senate President, Senator David Mark, with former Governor of Osun state, Ogbeni Raufu Aregbesola (as Secretary) and a host of other tested politicians and foot soldiers who share more than a casual familiarity with the intrigues, texture and the patterns of the Nigerian political terrain. They are united by one ambition, long articulated by Malam Nasir El- Rufai, now in ICPC anti-corruption detention – which is to remove both President Bola Ahmed Tinubu and his ruling party, the All Progressives Congress from power in the 2027 general election. With the arrival of Dr. Kwankwaso, the calculations for the outlook of the likely ADC Presidential ticket reached a frightening pitch. On April 1, INEC burst the ADC bubble. The party is now in a state of animated suspension, if not confusion, and outrage.
The facts of the matter are as follows: On July 29, 2025, Ralph Okey Nwosu, the erstwhile Chairman of the ADC at a NEC meeting of the party resigned his position and ratified the appointment of the present members of the National Working Committee of the party led by Senator David Mark. Nafiu Bala Gombe who was the Deputy National Chairman of the party raised an objection that he should have been the person to take over from Nwosu, not David Mark and others who had just joined the party. He was reminded by the Nwosu-backed group that he had resigned as Deputy Chairman through a letter he signed on May 17, 2025, which had since been forwarded to INEC and duly received and acknowledged by August 12, 2025. Nafiu Bala Gombe denied that he ever resigned. On September 2, 2025, he filed a case at the Federal High Court, Abuja (Hon. Nafiu Bala Gombe v. ADC & 4 Ors.), a motion ex parte and a motion on notice, to seek an order of interlocutory injunction restraining David Mark and others from parading themselves as leaders of the ADC. The matter was heard by Justice Emeka Nwite on September 4. His Lordship did not grant the ex parte application but he ordered that parties be put on notice. Upon which the David Mark-led ADC group went ahead to file an appeal. On March 12, the Appeal Court gave a preservatory order to wit: “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.” A cost of N2 million was awarded in favour of the first respondent.
The David Mark-led group continued with their preparations for the 2027 general election with the registration of members, including defections into the party, meetings, preparations for congresses scheduled for April 9, 2026 and the party Convention on April 14, 2026. It was obviously at this point that Nafiu Gombe kicked again. INEC reportedly received two letters: one from Suleiman Usman SAN & Co, urging INEC not to recognize Nafiu Gombe on account of the pending suit in the Federal High Court, Abuja; the second letter came from Summit Law Chambers asking INEC to enforce the judgment of the Court of Appeal which required INEC to (a) cease recognition of Senator David Mark and Ogbeni Rauf Aregebesola as National Chairman and National Chairman respectively of ADC; (b) remove their names from the Commission’s portal; and (c) refrain from dealing with or recognizing any actions taken by them in respect of the party in line with the preservation orders made by the Court of Appeal. Subsequently, Summit Law Chambers protested that INEC erred to have invited the David Mark group to a political parties meeting on Tuesday, March 24 and for monitoring a NEC meeting of the group. After what INEC calls “a careful consideration” of court processes – both the Federal High Court and the Court of Appeal – the body resolved to maintain the “status quo ante bellum”, remove the names of Senator Mark and Ogbeni Aregbesola from its portal pending the determination of the case at the Federal High Court, Abuja. It also refused to accede to the request of Nafiu Gombe’s lawyers to allow him take over the leadership of the party. Thus, the African Democratic Congress (ADC) was thrown into limbo. INEC insists that it has only complied with judicial orders strictly, and with neutrality and impartiality in the matter.
Nonetheless, hell has since broken loose between INEC and ADC. It is not the kind of hell fire President Donald Trump has promised in Iran but it is still hot enough to raise serious questions about the state of Nigerian democracy, the plight of the opposition, the prospects of Nigeria’s 2027 general election, the conduct of political parties and the role of civil society. It would appear that the major source of conflict has to do with the interpretation of the phrase “status quo ante bellum”, referred to by the Court of Appeal and relied upon by INEC, which would now hereafter occupy a prominent place in the grammar of politics in Nigeria. Status quo ante bellum: While this phrase may be clear to any sophomore student of law, it can be confusing to an average Nigerian. Nigeria’s official language is English, and that as a second language is still a major test for many of our compatriots who may prefer to speak pidgin English or better still their native tongues. To foist upon such people another layer of expression, such as Latin, a dead language for that matter, may serve the purpose of lawyers who are used to such imponderables and pompous turns of phrase, an affectation of being learned, but to the ordinary man, those Latin phrases may seem arcane. Nigerian lawyers and judges can learn a lesson here. They should begin to speak clearly, concisely and precisely. Judges should give clear, exact orders, and not speak tongue-in-cheek.

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