Suit seeking to stop David Mark, Aregbesola from taking over ADC leadership suffers setback

Keep up with the latest news and be part of our weekly giveaways and airtime sharing; follow our WhatsApp channel for more updates. Click to Follow us

Due to the inability to serve court papers on David Mark and others as required by law, the hearing in a petition to stop the African Democratic Congress (ADC) leadership led by Mark suffered a setback on Monday before the Federal High Court in Abuja.

However, Justice Emeka Nwite, who was scheduled to decide the party leadership issue, has set a new hearing date of September 30.

Attorneys for the plaintiff at the sessions on Monday. Michael Agber had asserted that all court orders and procedures had been served to the five defendants in the case.

But after looking through the court file, Justice Nwite was unable to locate the proof of service.

The plaintiff lawyer later claimed that he used the ADC to serve Chief Ralph Nwosu, Rauf Aregbesola, and David Mark, the suit’s second, third, and fifth defendants.

In response, Justice Nwite criticized the manner of service and stated that the plaintiff was required by law to serve court documents on Mark, Aregbesola, and Nwosu separately.

The judge ruled that there had not yet been adequate service and added that a court order for substituted service was required before such service could be considered valid.

After acknowledging mistakes in the way court documents were served, the plaintiff’s attorney requested an extension so he could organize his home.

The plaintiff attorney complied with Justice Nwite’s direction to serve court documents on the Independent National Electoral Commission (INEC) in public.

The plaintiff had not fully served the party in accordance with the law, according to the ADC, which was represented by Senior Advocate of Nigeria SAN Shuaib Eneojoh Aruwa.

Ultimately, Justice Nwite scheduled the suit hearing for September 30.

In an ex-parte application, Mr. Nafiu-Bala Gombe, the former Deputy National Chairman of the ADC, requested a court order prohibiting David Mark and others from taking over the party’s leadership until his originating summons contesting the decision to do so was resolved.

In a decision, Justice Nwite refused to grant a restraining order and instead directed the plaintiff to give David Mark and others notice to provide justification for why the request should be denied.

Gombe sued ADC, Senator Mark, Aregbesola, the Independent National Electoral Commission (INEC), and Chief Ralph Nwosu as the first and fifth defendants, respectively, in the case designated FHC/ABJ/CS/1819/2025.

The plaintiff requested three reliefs in the ex-parte motion, which was filed on September 2.

While the application on notice was being heard, he had requested an order of temporary injunction prohibiting the fourth defendant, INEC, from recognizing the second defendant, Mark, and the third defendant, Aregbesola, as the national chairman and national secretary of the first defendant, ADC.

In addition, he requested a temporary injunction to prevent the second and third defendants and their associates from posing as the first defendant’s national chairman and secretary while the motion on notice already filed and served in this case is being heard.

Likewise, he requested an injunction prohibiting the fourth defendant (INEC) from identifying and/or interacting with the second and third defendants.

Please don’t forget to “Allow the notification” so you will be the first to get our gist when we publish it. 
Drop your comment in the section below, and don’t forget to share the post.