ADC: Suit seeking to stop David Mark, Aregbesola suffers setback

Hearing in a suit seeking to stop David Mark-led leadership of the African Democratic Congress (ADC) suffered a setback on Monday at the Federal High Court in Abuja following the failure to serve court processes on David Mark and others as required by law.

The trial Judge, Justice Emeka Nwite, handling the suit on the party leadership, fixed September 30 as the new date for the hearing.

At Monday’s hearing in the suit, counsel to the plaintiff, Michael Agber had claimed that all processes and order made by the court had been served on the five defendants involved in the matter.

However, Justice Nwite after searching through the court file could not find the proof of service.

The plaintiff lawyer later claimed that he served David Mark, Rauf Aregbesola and Chief Ralph Nwosu who are 2nd, 3rd and 5th defendants in the suit, through the ADC.

Responding, Justice Nwite faulted the mode of the service, adding that the law required the plaintiff to serve court papers on Mark, Aregbesola and Nwosu individually and held that, there was no proper service yet adding that for such service to be valid, an order for substituted service must first be obtained from the court.

Having admitted errors in the mode of service of court papers, the plaintiff lawyer sought for adjournment to enable him put his house in order.

Justice Nwite ordered the plaintiff’s lawyer to serve the court papers on the Independent National Electoral Commission (INEC) in the open court and was complied with.

The ADC represented by Shuaib Eneojoh Aruwa, SAN claimed that the party had not been fully served in compliance with law by the plaintiff.

In the end, Justice Nwite fixed September 30 for hearing of the suit.

A former Deputy National Chairman of ADC, Mr Nafiu-Bala Gombe, had filed an ex-parte application where he sought order of court to restrain David Mark and others from assuming the leadership of the party pending the resolution of his originating summons challenging the decision to take over the party.

Justice Nwite had, in a ruling declined to issue restraining order and instead ordered the plaintiff to put David Mark and others on notice to show cause on why the request should not be granted.

Gombe, in the suit marked: FHC/ABJ/CS/1819/2025, had sued ADC, Senator Mark, Aregbesola, INEC and Chief Ralph Nwosu as 1st to 5th defendants respectively.

In the ex-parte motion dated and filed on September 2, the plaintiff sought an order of interim injunction restraining the 4th defendant (INEC) from recognising the 2nd (Mark) and 3rd (Aregbesola) defendants as the national chairman and national secretary of the 1st defendant (ADC) pending the hearing of the motion on notice.

He also sought an order of interim injunction restraining the 2nd and 3rd defendants, their cohorts from parading themselves as National Chairman and National Secretary of the 1st defendant, pending hearing in the motion on notice already filed and served in this matter.

Similarly, he applied for an order restraining the 4th defendant (INEC) from recognising and or dealing with the 2nd and 3rd defendants.

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