The Federal High Court in Abuja on Friday adjourned indefinitely the suit filed by Nafiu Bala Gombe challenging the leadership structure of the African Democratic Congress under former Senate President David Mark.
Justice Emeka Nwite suspended further proceedings after the plaintiff informed the court that an application had been submitted to the Chief Judge of the Federal High Court seeking the transfer of the case to another judge.
The court had earlier shifted the case to Friday following an application submitted by Bala’s legal team seeking accelerated hearing of the case.
In a letter dated May 5 and addressed to the deputy chief registrar of the Federal High Court in Abuja, counsel to Bala — Robert Emukpoeruo, Lukman Fagbemi, and Lukas Musa Haruna — requested an urgent hearing date after the recent judgment of the Supreme Court.
“Following the dismissal of the interlocutory appeal filed by Senator David Mark by the Supreme Court of Nigeria on April 30, 2026, we hereby apply for a date for the accelerated hearing of this matter in accordance with the judgment of the Court of Appeal,” the letter stated.
The case, marked FHC/ABJ/CS/1819/2025, is part of the growing legal dispute over the ADC’s leadership following the emergence of Mark and former Osun State governor Rauf Aregbesola in the ADC national structure.
During proceedings, Luka Musa Haruna, counsel to the plaintiff, informed the court that the Supreme Court had on April 30 dismissed the interlocutory appeal earlier filed by Mark challenging the suit.
According to him, the apex court also vacated the Court of Appeal’s order which had previously stayed proceedings in the matter.
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“The interlocutory appeal of the second defendant has travelled to the Supreme Court. My Lord, we are glad to inform this honourable court that on the 30th day of April 2026, the Supreme Court delivered its judgment on the interlocutory appeal dismissing the said appeal for lacking in merit,” Haruna said.
The lawyer, however, disclosed that the plaintiff had written to the Chief Judge on May 4, requesting that the case be reassigned to another judge.
Haruna urged Justice Nwite to suspend further action pending the administrative decision on the request.
“At this juncture, we must humbly pray to your Lordship, to wait for the administrative decision of the Chief Judge of the Federal High Court,” he added.
Lawyers representing the defendants opposed the request, accusing the plaintiff of attempting to delay the matter despite earlier directives for accelerated hearing.
Counsel to the first defendant, Realwan Okpanachi, argued that the defence was not served with the transfer application and described the move as an ambush.
“We have not received any communication regarding that application. My Lord, so as it is, we don’t know the form or the content of that application. Therefore, we take the approach of the plaintiff as an ambush,” he said.
He further argued that the move was designed to frustrate the accelerated hearing earlier ordered by the Court of Appeal and affirmed by the Supreme Court.
Also opposing the request, Sulaiman Usman, counsel to the second defendant, described the action as “forum shopping and judge shopping”.
“So my Lord, for the plaintiffs to come back to this court, and to inform us today that they have written a private correspondence to the Honourable Chief Judge, and to hinge that to make a request for this court to await the outcome of that private correspondence, is not only unfortunate My Lord, but a dangerous trend which must not be allowed to stand,” he argued.
Counsel for the fifth defendant, P.I. Oyewole, also faulted the move, describing it as unusual and inappropriate.
In his ruling, Justice Nwite held that the court could not take any action regarding the transfer request without hearing all parties involved.
“Taking a decision or any action in such a letter without hearing from the defendants will amount to breach of their fundamental right in this suit,” the judge ruled.
He added that because the request was addressed to the Chief Judge, the trial court could not make any pronouncement on it.
Justice Nwite subsequently adjourned the matter sine die.
“This matter is best adjourned sine die to afford the parties properly file a Certified True Copy of the judgment of the Supreme Court in the interlocutory appeal in the suit, to serve the defendants with the letter addressed to the Honourable Chief Judge, and finally to await further or any directive from the Chief Judge of the Federal High Court,” he said.
Gombe is seeking a court order restraining Mark, Aregbesola and other party leaders from presenting themselves as leaders of the ADC, arguing that their emergence contravenes the party’s constitution and provisions of the Electoral Act.
