ADC: Court dismisses David Mark’s objection to Nafiu Bala’s suit

Justice Peter Lifu of the Federal High Court sitting in Abuja has dismissed the objections by the National Chairman of the African Democratic Congress (ADC), Senator David Mark, to the bid by a chieftain of the party, Nafiu Bala Gombe, to amend his claims in the leadership suit filed against the party and others.

The judge, in a ruling on Friday, held that the objections by Mark and Rauf Aregbesola to the amendment of the originating summons by Nafiu Gombe were frivolous, baseless and without an iota of merit.

Justice Lifu said the sought amendment, which was to give life to the case of the plaintiff, was a normal attempt in civil litigation to ensure that miscarriage of justice is prevented.

Besides, the Judge held that the sought amendment was occasioned by a change of counsel, adding that the apprehension exhibited by David Mark was unnecessary and uncalled for.

Justice Lifu held that the ADC national chairman and other defendants in the matter are at liberty to file a counter-affidavit against the amended originating summons to indicate a consequential amendment to the earlier one.

The Judge said, after perusing the whole objections of the defendants, he was unable to see where they would be overwhelmed or jeopardised if the amendment was granted.

Justice Lifu consequently dismissed the objections and allowed the amendment by the plaintiff and imposed a fine of N500,000 on Mark and Aregbesola to be paid to Nafiu Bala Gombe.

David Mark and the National Secretary of the party, Rauf Aregbesola, had kicked against the fresh attempt by Nafiu Bala Gombe to amend claims in the leadership suit filed against them.

Mark and Aregbesola had urged Justice Lifu not to allow the amendments to the allegations against them on the ground that doing so would lead to a miscarriage of justice.

Nafiu Gombe, a former Deputy National Chairman of the ADC, had, through his counsel, Lukman Fagbemi, SAN, moved an application seeking amendments to the originating summons he filed against the ADC, Mark, Aregbesola, and others, challenging the emergence of the defendants as new national officers of the party.

Gombe insisted that he had the right under the law to make any amendments necessary to ensure justice in his suit.

The plaintiff had predicated the proposed amendments on eight grounds and a six-paragraph affidavit, maintaining that the law backed his decision as long as judgement had not been delivered in the matter.

However, David Mark, represented by Dr Suleiman Umar, SAN, had opposed the application on several grounds.

The senior lawyer had argued that the parties had already joined issues and that granting any amendments would give the plaintiff an undue and undeserved advantage after seeing the strength of the defence already filed and served on him.

He had urged the court to reject the application, describing it as detrimental to his client and contrary to the principles of natural justice.

On his own part, Aregbesola, through his counsel, Realwan Okpanachi, had alleged that Nafiu Bala Gombe had changed the character of his case against the defendants through the sought amendments.

The former Governor of Osun State faulted the plaintiff’s new claims, adding that, contrary to the allegations, the National Executive Committee (NEC) of the ADC changed the national leadership on July 29, 2025, during a duly convened NEC meeting.

He had argued that notice of the NEC meeting was served on the Independent National Electoral Commission (INEC) on July 1, as required by law, thereby ensuring the legality of the emergence of David Mark and Rauf Aregbesola as national leaders.

Referring to the earlier originating summons, Aregbesola said Nafiu Gombe had attached an unsigned copy of the ADC Constitution and, after seeing the defendants’ objections, had now introduced a signed copy in the amended process to strengthen his case.

Insisting that “he who comes to equity must come with clean hands”, Aregbesola urged Justice Lifu to reject the application on the ground that “new claims, different documents and exhibits have been introduced through the amendments.”

He argued that the proposed amendments were made in bad faith and constituted an abuse of court process because they were filed after the Supreme Court judgement directing an accelerated hearing of the matter.

The defendant urged the judge to hold that the sought amendments lacked merit and should be dismissed.

Nafiu Gombe, a former National Deputy Chairman of the ADC, is seeking an order restraining Mark, Aregbesola and others from parading themselves as leaders of the party.

The plaintiff sued the ADC, Mark, Aregbesola, the Independent National Electoral Commission (INEC), and the party’s former National Chairman, Ralph Nwosu, as the first to fifth defendants, respectively.

Gombe argued that the emergence of Mark and Aregbesola as national leaders of the party violated the provisions of the ADC Constitution as well as the Electoral Act.