A Federal High Court in Abuja has postponed the hearing of a suit seeking to stop David Mark’s leadership of the African Democratic Congress (ADC) due to incomplete service of court papers. Justice Emeka Nwite, presiding over the case, fixed September 30 as the new hearing date.
The plaintiff, Nafiu-Bala Gombe, a former Deputy National Chairman of ADC, had filed an ex-parte application to restrain David Mark and others from assuming the party’s leadership. However, Justice Nwite declined to issue a restraining order and instead directed the plaintiff to put the defendants on notice.
During Monday’s proceedings, the plaintiff’s counsel, Michael Agber, claimed that all court processes had been served on the five defendants. Nevertheless, upon reviewing the court file, Justice Nwite found no proof of service. The plaintiff’s lawyer later admitted to serving some defendants through the ADC, which the judge deemed invalid. According to the law, each defendant must be served individually, or a court order for substituted service must be obtained.
The ADC, represented by Senior Advocate of Nigeria Shuaib Eneojoh Aruwa, argued that the party had not been fully served in compliance with the law. The plaintiff’s lawyer subsequently sought an adjournment to correct the errors in serving the court papers. Justice Nwite ordered the plaintiff to serve the Independent National Electoral Commission (INEC) in open court, which was done.
The suit, filed by Gombe, challenges the decision to appoint David Mark and others to the party’s leadership. The plaintiff had sought an interim injunction to restrain INEC from recognizing Mark and Aregbesola as the national chairman and secretary of the ADC. With the hearing now scheduled for September 30, the court will proceed to consider the merits of the case.
The ADC leadership dispute has significant implications for the party’s operations and Nigeria’s political landscape. As the case progresses, the court’s decision will likely have far-reaching consequences for the parties involved. The postponement of the hearing allows the plaintiff to ensure that all defendants are properly served, paving the way for a thorough examination of the issues at hand.
