Hearing in a suit seeking to stop the David Mark-led leadership of the African Democratic Congress (ADC) was on Monday adjourned by the Federal High Court in Abuja due to improper service of court documents on the defendants.
Justice Emeka Nwite, who presided over the case, fixed September 30 for hearing after ruling that the plaintiff failed to serve court papers on key defendants, including former Senate President David Mark, former Interior Minister Rauf Aregbesola, and Chief Ralph Nwosu, in line with legal requirements.
At the proceedings, counsel to the plaintiff, Michael Agber, initially claimed that all processes had been duly served on the five defendants. However, the court noted that proof of service was missing from the case file. Agber later explained that the documents were served through the ADC, but the judge held that the law required personal service or an order of substituted service.
Acknowledging the error, Agber requested an adjournment to regularize the service. Justice Nwite then directed him to serve the Independent National Electoral Commission (INEC), the fourth defendant, in open court—a directive that was immediately complied with.
Counsel to the ADC, Senior Advocate of Nigeria Shuaib Eneojoh Aruwa, maintained that the party had not been fully served in compliance with the law.
The suit was filed by former ADC Deputy National Chairman Nafiu-Bala Gombe, who is challenging the decision to install Mark and Aregbesola as the party’s National Chairman and National Secretary, respectively. In an ex-parte motion filed on September 2 and marked FHC/ABJ/CS/1819/2025, Gombe sought interim orders restraining INEC from recognizing the two as party leaders and barring them from parading themselves in those positions pending the determination of the substantive case.
Justice Nwite had earlier declined to grant the restraining order, instead directing that the defendants be put on notice to show cause why the reliefs should not be granted.
With Monday’s adjournment, the case will now proceed on September 30.
