The Federal High Court in Abuja on Monday adjourned hearing in a suit challenging the leadership of the African Democratic Congress (ADC), led by Senator David Mark, due to failure by the plaintiff to properly serve court documents on the defendants.
Justice Emeka Nwite, who is presiding over the matter, fixed September 30, 2025, as the new date for hearing after discovering that the required proof of service was not in the court’s file.
During proceedings, counsel to the plaintiff, Michael Agber, claimed that all court processes and previous orders had been served on the five defendants. However, the court could not find any evidence of such service.
The plaintiff’s lawyer later admitted that he served the 2nd to 5th defendants — Senator David Mark, Rauf Aregbesola, and Chief Ralph Nwosu — through the ADC, which is the 1st defendant in the suit.
READ ALSO: David Mark warns ADC members: “No room for indiscipline, half loyalty”
Justice Nwite ruled that the service was invalid, noting that the law requires each defendant to be served personally unless an order for substituted service has been granted by the court. He stated that no such order was obtained in this case.
Following the admission of error by the plaintiff’s lawyer, the court granted his request for an adjournment to correct the service procedure.
Justice Nwite also ordered that the Independent National Electoral Commission (INEC), the 4th defendant in the suit, be served in open court. The plaintiff complied immediately.
Counsel to the ADC, Shuaib Eneojoh Aruwa, SAN, told the court that the party had not been properly served either.
The suit was filed by Mr Nafiu-Bala Gombe, a former Deputy National Chairman of the ADC. He is challenging the emergence of Senator Mark and Rauf Aregbesola as the party’s National Chairman and National Secretary.
In suit number FHC/ABJ/CS/1819/2025, the plaintiff is seeking an interim injunction restraining INEC from recognising Mark and Aregbesola as ADC leaders, and stopping them from parading themselves in those capacities pending the hearing of the substantive motion.
Justice Nwite had earlier refused to grant the restraining orders ex parte and directed that the defendants be put on notice to appear and respond to the application.
With the matter now adjourned, the leadership tussle in the ADC will continue unresolved until the court resumes hearing later this month.
