ADC Crisis: “INEC Must Delist Rival Faction or Face Contempt” — Spokesman Issues 7-Day Ultimatum
ADC spokesman and legal team cite Court of Appeal orders in Appeal No. CA/ABJ/145/2026, demanding INEC recognise Nafiu Bala and warning of contempt proceedings within seven days.
By J.O. Abel-Ontop ABUJA, April 1, 2026.
The deepening leadership crisis within the African Democratic Congress (ADC) has assumed a sharper political and legal dimension, with party officials and lawyers to one of the contending factions accusing the Independent National Electoral Commission (INEC) of deliberately flouting subsisting orders of the Court of Appeal.
The Acting National Publicity Secretary of the party, Bashiru Abdul Mohammed, raised the stakes during a televised appearance on Sunrise Daily on Channels Television, where he urged INEC to immediately withdraw recognition from the faction allegedly aligned with former Senate President, David Mark, and formally recognise Nafiu Bala as the lawful National Chairman of the party.
Mohammed anchored his position on the judgment of the Court of Appeal in Appeal No. CA/ABJ/145/2026: Senator David Mark v. Hon. Nafiu Bala Gombe & 4 Ors, a matter arising from Suit No. FHC/ABJ/CS/1819/2025 currently pending before the Federal High Court, Abuja.
Documents obtained by journalists indicate that the Court of Appeal, Abuja Division, in a ruling delivered by Justice Uchechukwu Onyemenam, JCA, ordered an accelerated hearing of the substantive suit at the lower court in view of the nation’s electoral timetable. In what appears to be the crux of the dispute, the appellate court directed all parties to maintain the status quo ante bellum pending the determination of the case, thereby preserving the pre-dispute leadership structure of the party.
The court further restrained all parties from taking steps capable of presenting the trial court with a fait accompli or rendering any eventual judgment nugatory, a directive now central to the allegations against the electoral body.
Counsel to Nafiu Bala, comprising Senior Advocates of Nigeria—Robert Emukpoeruọ, SAN; Lukman Fagbemi, SAN; and Luka Musa Haruna, SAN—formally accused INEC of acting in breach of these binding orders in a letter dated March 28, 2026. The legal team pointed to the Commission’s decision to invite the David Mark-led faction to a political parties’ meeting on March 24, 2026, as well as its alleged monitoring of a National Executive Committee (NEC) meeting convened by the same group on March 25, 2026.
According to the lawyers, these actions amount to a direct violation of Section 287(2) of the 1999 Constitution (as amended), which imposes a mandatory obligation on all authorities and institutions to enforce the decisions of superior courts.
The lawyers further warned that INEC risks being cited for contempt of court if it fails to comply within seven days, stressing that committal proceedings could be initiated against the Commission’s leadership. In reinforcing their position, they relied on established judicial authorities, including AKAPO v. HAKEEM-HABEEB & ORS (1992) LPELR-325(SC), where the Supreme Court, per Nnaemeka-Agu, JSC, clarified the meaning and implications of status quo ante bellum as the state of affairs existing before the onset of dispute.
They also cited NERC & ORS v. TEBITE & ORS (2022) LPELR-58321(CA), OLAMOYEGUN & ORS v. EBUN & ORS (2018) LPELR-46108(CA), DANGOTE INDUSTRIES LTD v. OCEAN BEAN GOLF & LEISURE RESORTS LTD & ORS, and FIRST AFRICAN TRUST BANK LTD v. EZEGBU & ORS (1993) LPELR-1279(SC) to underscore the binding nature of court orders and the consequences of disobedience.
On the strength of the doctrine of status quo ante bellum, the counsel maintained that Nafiu Bala remains the valid National Chairman of the ADC, describing him as the surviving leader following the resignation of other members of the party’s executive.
Echoing the legal arguments, Mohammed insisted that INEC must, without delay, delist the rival leadership from its official records, warning that continued recognition of the faction would not only erode judicial authority but also pose a direct threat to the rule of law. He cautioned that failure by the Commission to act in line with the appellate court’s directive could trigger a chain of political reactions, including protests and the commencement of contempt proceedings.
In specific terms, the legal team demanded that INEC nullify the NEC meeting conducted by the David Mark-led faction, expunge the faction’s leadership details from its official portal, cease recognition of any correspondence emanating from the group, and allow Nafiu Bala to administer the affairs of the party pending the final determination of the substantive suit before the Federal High Court.
The unfolding dispute underscores the increasingly fraught intersection between party politics and judicial authority, with the ultimate resolution now resting on the outcome of the pending case before the Federal High Court, Abuja.
As of the time of filing this report, INEC had yet to issue any official response to the allegations or the seven-day ultimatum issued by the lawyers.