Court Adjourns ADC Leadership Dispute Indefinitely

The Federal High Court in Abuja on Friday indefinitely adjourned the suit filed by an African Democratic Congress chieftain, Nafiu Bala Gombe, challenging the party’s leadership under former Senate President David Mark.

Justice Emeka Nwite adjourned the case sine die after the plaintiff informed the court that he had applied to the Chief Judge of the Federal High Court for the matter to be reassigned to another judge.

The suit, marked FHC/ABJ/CS/1819/2025, has sparked a new leadership dispute within the ADC following the emergence of David Mark and former Osun State governor, Rauf Aregbesola, in the party’s leadership structure.

During Friday’s proceedings, counsel to the plaintiff, Luka Musa Haruna, informed the court that the Supreme Court had on April 30 dismissed the interlocutory appeal earlier filed by Mark against the case.

According to him, the apex court also overturned the Court of Appeal’s earlier order staying proceedings in the substantive suit.

“The interlocutory appeal of the second defendant has travelled to the Supreme Court. My Lord, we are glad to inform this honourable court that on the 30th day of April 2026, the Supreme Court delivered its judgment on the interlocutory appeal dismissing the said appeal for lacking in merit,” he said.

Haruna further disclosed that the plaintiff had written a letter dated May 4, 2026, requesting the Chief Judge to transfer the matter to another judge.

He urged Justice Nwite to wait for the administrative decision on the request.

“At this juncture, we must humbly pray to your Lordship, to wait for the administrative decision of the Chief Judge of the Federal High Court,” Haruna said.

However, lawyers representing the defendants opposed the request, accusing the plaintiff of trying to delay the accelerated hearing earlier ordered by the Court of Appeal and upheld by the Supreme Court.

Counsel to the first defendant, Realwan Okpanachi, argued that the defence had not been formally notified about the transfer application.

“We have not received any communication regarding that application. My Lord, so as it is, we don’t know the form or the content of that application. Therefore, we take the approach of the plaintiff as an ambush,” he said.

“We also consider it as an attempt to frustrate the order of accelerated hearing granted by the Court of Appeal and upheld by the Supreme Court,” he added.

Counsel to the second defendant, Sulaiman Usman, described the plaintiff’s move as “forum shopping and judge shopping.”

“So my Lord, for the plaintiffs to come back to this court, and to inform us today that they have written a private correspondence to the Honourable Chief Judge, and to hinge that to make a request for this court to await the outcome of that private correspondence, is not only unfortunate My Lord, but a dangerous trend which must not be allowed to stand,” he said.

Also opposing the request, counsel to the fifth defendant, P.I. Oyewole, described the move as “strange” and accused the plaintiff of attempting to invite the Chief Judge “to indulge in judicial rascality.”

Responding to the objections, Haruna maintained that the plaintiff stood by the application for reassignment.

In his ruling, Justice Nwite held that the court could not act on the letter without hearing all parties involved.

“Taking a decision or any action in such a letter without hearing from the defendants will amount to breach of their fundamental right in this suit,” the judge ruled.

The judge further explained that since the letter was addressed to the Chief Judge, the trial court could not make any pronouncement on the request.

Justice Nwite subsequently adjourned the matter indefinitely.

“This matter is best adjourned sine die to afford the parties properly file a Certified True Copy of the judgment of the Supreme Court in the interlocutory appeal in the suit, to serve the defendants with the letter addressed to the Honourable Chief Judge, and finally to await further or any directive from the Chief Judge of the Federal High Court,” Justice Nwite said.

Gombe is seeking a court order restraining David Mark, Rauf Aregbesola and others from presenting themselves as leaders of the ADC, arguing that their emergence violates the party’s constitution and provisions of the Electoral Act.