The African Democratic Congress (ADC) faces renewed legal uncertainty as a Federal High Court in Abuja has indefinitely adjourned a suit challenging the party's leadership under former Senate President David Mark. The case, filed by ADC chieftain Nafiu Bala Gombe, questions the emergence of Mark as national chairman and former Osun State Governor Rauf Aregbesola as national secretary.
Court Proceedings and Adjournment
Justice Emeka Nwite adjourned the matter sine die after the plaintiff's counsel, Luka Musa Haruna, informed the court that an application had been made to the Chief Judge of the Federal High Court to transfer the case to another judge. Haruna noted that the Supreme Court had on April 30 dismissed an interlocutory appeal by Mark for lacking merit, setting aside a Court of Appeal order that had stayed proceedings. He urged Justice Nwite to await the Chief Judge's administrative decision on the transfer request.
Defense Objections
Defense lawyers opposed the request, accusing the plaintiff of attempting to frustrate the accelerated hearing ordered by the Court of Appeal and upheld by the Supreme Court. Counsel for the first defendant, Realwan Okpanachi, labeled the move an ambush, stating, "We have not received any communication regarding that application. We take the approach of the plaintiff as an ambush and an attempt to frustrate the order of accelerated hearing." Counsel for the second defendant, Sulaiman Usman, described it as "forum shopping and judge shopping," while counsel for the fifth defendant, P.I. Oyewole, called it "strange" and accused the plaintiff of inviting the Chief Judge to indulge in "judicial rascality."
Court Ruling
In his ruling, Justice Nwite stated that the court could not act on the letter without hearing all parties, as doing so would breach the defendants' fundamental rights. He noted that since the letter was addressed to the Chief Judge, the trial court could not make any pronouncement on it. The judge adjourned the matter indefinitely to allow parties to file a Certified True Copy of the Supreme Court judgment, serve the defendants with the letter, and await directives from the Chief Judge.
Background of the Suit
Gombe seeks an order restraining Mark, Aregbesola, and others from parading themselves as ADC leaders, arguing that their emergence violated the party's constitution and provisions of the Electoral Act. The indefinite adjournment further dims hopes for the ADC to resolve its legal challenges in time for the 2027 general election.
