Senior legal practitioners have faulted the decision of the Independent National Electoral Commission (INEC) that removed Sen. David Mark from its official portal as leader of the African Democratic Congress, insisting that the action contradicts established legal principles and subsisting court directives.
A former Legal Adviser to INEC and Senior Advocate of Nigeria, Ibrahim Bawa, made this position known during a live telecast on Arise TV programme, “This Week”. He clarified that the doctrine of status quo ante bellum—central to the ongoing dispute—requires that parties maintain the situation as it existed before the matter was taken to court.
According to Bawa, this means that the leadership structure of the ADC must remain unchanged, thereby sustaining Senator David Mark’s position pending the final determination of the court. He further explained that the principle extends beyond titles, noting that those who had been interfacing with relevant authorities as leaders of the party should continue to be recognized and engaged in that capacity until a court of competent jurisdiction rules otherwise.
Bawa also emphasized that the court specifically requested evidence regarding whether Nafiu Bala, the party’s former Deputy National Chairman, had resigned. He stressed that the burden lies on the ADC to provide credible proof of Bala’s resignation, adding that until such evidence is presented and validated, any assumption about his status remains legally unsubstantiated.
Corroborating this position, counsel to Senator David Mark, Realwan Okpanachi, accused INEC of acting unilaterally and in clear violation of the Court of Appeal’s directive to maintain the status quo. He maintained that the commission’s action disregards judicial authority and undermines due process in a matter that is already before the court.
Okpanachi further argued that aside from the issue of Nafiu Bala’s resignation, the National Executive Committee (NEC) of the ADC had already dissolved the former National Working Committee (NWC) of the party. He noted that the meeting where the decision was taken was duly constituted, with Senator David Mark sworn in as the ADC National Chairman and that all actions carried out were in strict compliance with the party’s constitution.
The converging legal opinions reinforce the position that the existing leadership of the ADC, as led by Senator David Mark, should be maintained in line with the doctrine of status quo ante bellum until a final pronouncement is made by a competent court. They warn that any premature action to alter that structure risks undermining both judicial authority and the rule of law.
