The Federal High Court in Abuja has adjourned a suit challenging the emergence of the African Democratic Congress (ADC) interim leadership, led by former Senate President David Mark, to June 8 for hearing. Justice Peter Lifu set the new date after counsel to the plaintiff, Robert Emukpoeruo (SAN), requested additional time due to the absence of lawyers representing parties seeking to be joined in the suit.
Background of the Case
The case was initiated by a former deputy national chairman of the ADC, Mr. Nafiu-Bala Gombe, who is contesting the legality of the party's current leadership structure. At the resumed proceedings, only the Independent National Electoral Commission (INEC) and the parties seeking joinder were absent. While the court confirmed that INEC had been served with hearing notices, those seeking to join the case had not been served.
Arguments from Counsel
Counsel for the ADC, Shaibu Aruwa (SAN), urged the court to allow the interested parties an opportunity to explain why they should be joined in the matter. He stressed that issues involving them had already featured in earlier proceedings before the former trial judge, Justice Emeka Nwite. Emukpoeruo, in response, reminded the court that both the Court of Appeal and the Supreme Court had directed that the matter be heard expeditiously. He, however, requested an adjournment to ensure all pending processes were filed and served in the interest of a fair hearing.
No Objection from Other Lawyers
Lawyers representing David Mark, former Osun State governor Rauf Aregbesola, and former ADC National Chairman Ralph Nwosu did not oppose the application for adjournment. During proceedings, the defence counsel accused the plaintiff of contributing to delays in the matter through an earlier application seeking the reassignment of the case when it was before Justice Nwite, an action they said undermined the apex court's directive for accelerated hearing.
Judge's Ruling
Justice Lifu, however, maintained that litigants had no right to choose the judge who would hear their cases. He stated that, having been assigned the matter by the Chief Judge and guided by the Supreme Court's directive, he was duty-bound to ensure justice was done. The court will reconvene on June 8 to hear the substantive suit.
