Hearing in a suit challenging the leadership of the African Democratic Congress (ADC) under Senator David Mark was stalled on Monday at the Federal High Court, Abuja, due to improper service of court papers on the defendants.
Justice Emeka Nwite, who presided over the matter, adjourned proceedings to September 30 after ruling that Senator Mark, former Interior Minister Rauf Aregbesola, and ADC chieftain Chief Ralphs Nwosu had not been properly served.
At the hearing, counsel to the plaintiff, Michael Agber, claimed that all five defendants had been served. However, the judge noted that no proof of service was on record and faulted the lawyer’s claim that service on Mark, Aregbesola, and Nwosu was effected through the ADC.
Justice Nwite explained that the law requires personal service or a court order permitting substituted service. He directed that the Independent National Electoral Commission (INEC), one of the defendants, be served in open court, which was immediately complied with.
Counsel for the ADC, Senior Advocate of Nigeria Shuaib Aruwa, also argued that the party had not been properly served.
The case was filed by Nafiu-Bala Gombe, a former Deputy National Chairman of ADC, who is challenging the takeover of the party’s leadership by Mark and others. Gombe is seeking a court order restraining them from assuming office, pending determination of his substantive suit.
Justice Nwite had earlier refused to grant an interim restraining order, instead directing that the defendants be put on notice to show cause why the request should not be granted.
The suit, marked FHC/ABJ/CS/1819/2025, lists ADC, Senator David Mark, Rauf Aregbesola, INEC, and Ralphs Nwosu as first to fifth defendants.
