The Federal High Court in Abuja has adjourned to June 8 the hearing of a suit challenging the emergence of the African Democratic Congress (ADC) interim leadership led by former Senate President David Mark. Justice Peter Lifu fixed the new date on Wednesday after the plaintiff's counsel, Robert Emukpoeruo (SAN), requested additional time due to the absence of lawyers representing parties seeking to join the suit.
Details of the Case
The case was filed by Nafiu-Bala Gombe, a former deputy national chairman of the ADC, 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. The court confirmed that INEC had been served with hearing notices, but those seeking to join the case had not been served.
Counsel to the ADC, Shaibu Aruwa (SAN), urged the court to allow the interested parties an opportunity to explain why they should be joined, noting that issues involving them had already been raised in earlier proceedings before Justice Emeka Nwite, the former trial judge. Emukpoeruo reminded the court that both the Court of Appeal and the Supreme Court had directed an expeditious hearing but requested an adjournment to ensure all pending processes were filed and served in the interest of fair hearing.
Key Arguments and Ruling
Lawyers representing David Mark, former Osun State governor Rauf Aregbesola, and former ADC National Chairman Ralph Nwosu did not oppose the adjournment application. During proceedings, defense counsel accused the plaintiff of contributing to delays through an earlier application for the case to be reassigned from Justice Nwite, which they argued undermined the Supreme Court's directive for accelerated hearing.
Justice Lifu, however, maintained that litigants have no right to choose their judge. 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. The judge accepted responsibility for the failure to serve hearing notices on the parties seeking joinder and ordered the court bailiff to effect service within 24 hours.
In his ruling, Justice Lifu said: "In the circumstances of this case and the overall interest of justice and in compliance with the orders of the Supreme Court and Court of Appeal, this case is hereby given accelerated hearing." He directed all parties to file and exchange their processes before the next adjourned date.
Background and Implications
In the suit marked FHC/ABJ/CS/1819/2025, Gombe is seeking an order restraining David Mark, Rauf Aregbesola, and members of the party's interim National Working Committee from acting as ADC leaders. The plaintiff argues that their emergence violated the party's constitution and the Electoral Act. The suit lists the ADC, David Mark, Aregbesola, INEC, and Ralph Nwosu as defendants.
The case comes amid deepening divisions within the ADC ahead of the 2027 general election, with former Vice President Atiku Abubakar and businessman-politician Dumebi Kachikwu emerging as presidential candidates from rival factions of the party.
