David Mark’s ADC Leadership Case Hits Snag

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) because the court papers were not properly served. Justice Emeka Nwite, who is presiding over the case, set September 30 as the new hearing date.

The plaintiff, Nafiu‑Bala Gombe, a former Deputy National Chairman of the ADC, filed an ex‑parte application to restrain David Mark and others from assuming the party’s leadership. Justice Nwite declined to grant 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. However, after reviewing the court file, Justice Nwite found no proof of service. The plaintiff’s lawyer later admitted that some defendants had been served through the ADC, which the judge deemed invalid. Under 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 legal requirements. The plaintiff’s lawyer subsequently sought an adjournment to correct the service errors. Justice Nwite ordered the plaintiff to serve the Independent National Electoral Commission (INEC) in open court, which was then done.

Gombe’s suit challenges the decision to appoint David Mark and others to the party’s leadership. He had sought an interim injunction to restrain INEC from recognizing Mark and Aregbesola as the ADC’s national chairman and secretary. With the hearing now scheduled for September 30, the court will consider the merits of the case. The ADC leadership dispute has significant implications for the party’s operations and Nigeria’s political landscape, and the court’s eventual decision is likely to have far‑reaching consequences for all parties involved. The postponement allows the plaintiff to ensure proper service of all defendants, paving the way for a thorough examination of the issues.