The legal proceedings aimed at halting the leadership of Senator David Mark and former Governor Rauf Aregbesola within the African Democratic Congress (ADC) have encountered a procedural setback, stalling further judicial review.
At the Federal High Court in Abuja, Justice Emeka Nwite adjourned the hearing to September 30, 2025, citing improper service of court documents on the key defendants. The suit, filed by Mr. Nafiu-Bala Gombe, a former Deputy National Chairman of the ADC, seeks to restrain Mark and Aregbesola from assuming the roles of National Chairman and National Secretary, respectively.
During Monday’s proceedings, counsel to the plaintiff, Michael Agber, asserted that all necessary documents had been served. However, Justice Nwite found no proof of service in the court file and faulted the method used—serving through the ADC rather than directly to the individuals concerned. The court emphasized that individual service or a court-approved substituted service is required for the suit to proceed.
The ADC, represented by Senior Advocate of Nigeria (SAN) Shuaib Aruwa, also challenged the validity of the service and filed a preliminary objection, arguing that the matter pertains to the internal affairs of a political party and therefore falls outside the court’s jurisdiction.
Despite the setback, the court ordered that the Independent National Electoral Commission (INEC) be served in open court, which was promptly executed. The absence of legal representation for Mark, Aregbesola, and Chief Ralph Nwosu further complicated the session.
Mr. Gombe’s suit, marked FHC/ABJ/CS/1819/2025, includes a motion seeking interim injunctions to prevent INEC from recognizing Mark and Aregbesola as ADC leaders pending the resolution of the substantive case. However, the court previously declined to grant these interim orders, directing the plaintiff to notify all defendants to show cause.