ADC Secretary Aregbesola asks INEC to freeze leadership changes pending court appeal

Ogbeni Rauf Aregbesola, the National Secretary of the African Democratic Congress (ADC) under the leadership of Senator David Mark, has formally requested the Independent National Electoral Commission (INEC) to refrain from altering the party's leadership records. In a letter dated November 9, 2026, Aregbesola urged the electoral commission to maintain the current status of the party's leadership as recorded in its official files. This request is intended to remain in effect until the hearing and determination of his appeal against a recent judgment from the Federal High Court in Abuja.

The letter, addressed to INEC Chairman Prof. Joash Amupitan, SAN, was received by the commission on November 9. A copy of the acknowledged receipt was made available to the News Agency of Nigeria (NAN) in Abuja on the same day. The correspondence was drafted by Aregbesola's legal representative, Mohammed Sheriff, SAN. In the document, the lawyer explicitly asked the commission to defer any discretionary changes that could potentially prejudice the relief sought in the pending legal application. The core of the request is to prevent INEC from removing the party’s leaders as they are presently constituted in its records during the pendency of the court proceedings.

Background

The legal dispute centers on conflicting judgments from the Federal High Court in Abuja regarding the validity of the ADC's current leadership structure. The initial judgment, delivered on July 2, 2026, by Justice Musa Liman in suit number FHC/ABJ/CS/1637/2025, involved Rep Leke Abejide versus the ADC and others. In that case, Aregbesola was the fourth defendant, and INEC was the fifth. The court declared that former Senate President David Mark and Aregbesola were duly appointed as National Chairman and National Secretary, respectively. The judgment further stated that Ralph Nwosu acted lawfully in handing over the leadership to Mark and Aregbesola, and that INEC was entitled to recognize them in those capacities. According to the legal team, no appeal has been filed against this specific July 2 judgment.

However, a subsequent judgment was delivered on November 5, 2026, by Justice Peter Lifu in a different suit, FHC/ABJ/CS/1819/2025, between Hon. Nafiu Bala Gombe and the ADC. This later judgment nullified Aregbesola's assumption of office as National Secretary under Mark's leadership. It included perpetual injunctions restraining the commission from recognizing or dealing with Aregbesola in the specified capacities. In response to this November 5 ruling, Aregbesola filed a notice of appeal and a motion on notice for stay of execution on November 7. The motion seeks to stay the enforcement of the two perpetual injunctions insofar as they affect him. The legal team noted that the commission now holds two judgments from the same judicial division that address its dealings with the ADC leadership.

Why it matters

The outcome of this legal tussle determines which leadership of the African Democratic Congress is legally recognized by the electoral commission. INEC's recognition is critical for the party's participation in electoral processes, as the commission relies on official records to validate party structures. The conflict involves high-profile political figures, including former Senate President David Mark and Hon. Nafiu Bala Gombe, whose conflicting claims over the party's leadership have resulted in divided court orders. The request to halt changes aims to preserve the status quo established by the July 2 judgment, which declared the current leadership duly appointed, while the appeal against the November 5 judgment is resolved. The legal team emphasized that the commission was a party to the original suit and the subsequent proceedings, making its adherence to the court's directives a matter of legal obligation.

What happens next

The immediate next step is the hearing of Aregbesola's appeal and the motion for stay of execution against the November 5 judgment. Until the Federal High Court determines these applications, the legal team has requested that INEC maintains the current leadership records. The commission has acknowledged receipt of the letter and the certified true copy of the July 2 judgment. The final determination of the appeal will likely dictate whether INEC continues to recognize David Mark and Ogbeni Rauf Aregbesola as the National Chairman and National Secretary, or if it must adjust its records to reflect the outcome of the Gombe versus ADC suit.