The Federal High Court in Abuja on Monday stalled hearing in a suit challenging the leadership of the African Democratic Congress (ADC) under Senator David Mark due to improper service of court papers on some defendants.
Justice Emeka Nwite, presiding, ordered the plaintiff to ensure proper service on all defendants and adjourned the matter to September 30 for hearing.
The suit, marked FHC/ABJ/CD/1819/2025, was filed by Nafiu Bala Gombe, a former deputy national chairman of the party, against the ADC, Senator David Mark, former interior minister Rauf Aregbesola, the Independent National Electoral Commission (INEC), and the party’s former national chairman, Ralph Nwosu.
Mark currently serves as national chairman of the ADC, while Aregbesola is the national secretary.
Gombe’s motion, filed on September 2, seeks interim orders restraining INEC from recognising Mark and Aregbesola as party leaders and barring both men from parading themselves in those positions pending determination of the substantive suit.
However, counsel to the ADC, Shaibu Aruwa, urged the court to dismiss the matter, arguing that it concerns the internal affairs of a registered political party and therefore falls outside the court’s jurisdiction. He also described the suit as an abuse of court process.
At Monday’s sitting, only the ADC and INEC had legal representation. Mark, Aregbesola, and Nwosu neither appeared nor were represented by counsel.
Plaintiff’s lawyer, Michael Agber, insisted that the defendants had been served through the ADC. But Aruwa countered that the mode of service was defective, stressing that personal service was required unless otherwise directed by the court.
Justice Nwite agreed, ruling that personal service must be effected on the three leaders. He also directed that INEC’s counsel, Kingsley Magbuin, be served with the plaintiff’s motion on notice in open court, which was immediately done.
The judge adjourned the matter until September 30 for hearing.
