Court Adjourns ADC Leadership Suit over Faulty Service on David Mark, Others

|By Chinwendu Nwani

Hearing in a suit challenging the leadership of the African Democratic Congress (ADC) suffered a setback on Monday at the Federal High Court in Abuja after the plaintiff failed to properly serve court papers on Senator David Mark and other defendants.

Justice Emeka Nwite, who presided over the matter, faulted the plaintiff’s lawyer, Michael Agber, for serving the defendants through the party instead of delivering the documents to them individually as required by law. He stressed that such service could only be valid with an order for substituted service, which was not obtained.

In the heated session, Agber initially insisted that Mark, former Interior Minister Rauf Aregbesola, and Chief Ralph Nwosu had been served. However, after the judge found no proof of service in the court file, the lawyer admitted to errors and sought time to correct them.

Justice Nwite ordered the lawyer to serve the Independent National Electoral Commission (INEC) in open court, which was done immediately, before adjourning the case to September 30 for proper hearing.

The case was filed by former ADC Deputy National Chairman, Nafiu-Bala Gombe, who is challenging the takeover of the party by Mark and others. Gombe is asking the court to restrain the former Senate President, Aregbesola, and their allies from parading themselves as national chairman and secretary of the party. He also wants INEC barred from recognising the duo as ADC leaders pending determination of the suit.

The suit, marked FHC/ABJ/CS/1819/2025, has the ADC, Mark, Aregbesola, INEC, and Nwosu listed as defendants.

Justice Nwite had earlier declined to grant Gombe’s request for an interim injunction, instead directing him to put the defendants on notice to defend their positions.

The matter will now resume on September 30.