A suit seeking to stop former President of the Senate, Senator David Mark-led leadership of the African Democratic Congress (ADC), on Monday, September 15, 2025, suffered a major legal setback at the Federal High Court in Abuja.
This followed the failure of the counsel to the plaintiff, Michael Agada Esq., to serve court papers on Senator Mark and others as required by law.
The court presided over by Justice Emeka Nwite, billed to adjudicate over the leadership dispute of the ADC, has however fixed September 30, as new date for hearing.
The plaintiff’s counsel, Michael Agber had told the Court that all processes and order made by the court were served on the five defendants involved in the legal battle.
However, the trial judge, Justice Nwite after going through the court file, was unable to locate the proof of service which led him to ask the counsel to the plaintiff the necessary papers.
At that point, the plaintiff lawyer claimed that he served Senator David Mark, Rauf Aregbesola and Chief Ralph Nwosu being the 2nd, 3rd and 5th defendants in the suit through the ADC.
After listening to the counsel to the plaintiff, Justice Nwite pointedly faulted the mode of the service, stressing that the law required the plaintiff to serve the court papers on Mark, Aregbesola and Nwosu individually.
Justice Nwite therefore held that there was no proper service, and emphasised that for such service to be valid, an order for substituted service must first be obtained from the court.
Having admitted errors in the mode of service of court papers, the counsel to the plaintiff, sought for adjournment to enable him put his house in order.
The court also ordered the counsel to the plaintiff to also serve the court papers on the Independent National Electoral Commission (INEC) in the open court and was complied with.
The ADC was represented by Mr. Shuaib Eneojoh Aruwa, SAN, who told the court that the party had not been fully served by the plaintiff in compliance with law.
Accordingly, Justice Nwite fixed September 30 for the hearing of the suit.
Mr Nafiu-Bala Gombe, a former Deputy National Chairman of the ADC, had filed an ex-parte application in which he sought an order of the court to restrain Senator David Mark and others from assuming the leadership of the party pending the resolution of his originating summons challenging their decision to take over the party.
Justice Nwite had in a ruling declined to issue a restraining order and ordered the plaintiff to put Senator Mark and others on notice to show cause on why the request should not be granted.
Gombe, in the suit marked: FHC/ABJ/CS/1819/2025, sued the ADC, Senator Mark, Aregbesola, Independent National Electoral Commission (INEC) and Chief Ralph Nwosu as 1st to 5th defendants respectively.
In the ex-parte motion dated and filed on September 2, 2025, the plaintiff sought three reliefs, viz; “an order of interim injunction restraining the 4th defendant (INEC) from recognising the 2nd (Mark) and 3rd (Aregbesola) defendants as the national chairman and national secretary of the ist defendant (ADC) pending the hearing of the motion on notice.
He also sought an order of interim injunction restraining the 2nd and 3rd defendants their cohorts from parading themselves as National Chairman and National Secretary of the 1st defendant, pending hearing in the motion on notice already filed and served in this matter.
Gombe also applied for an order restraining the 4th defendant (INEC) from recognising and or dealing with the 2nd and 3rd defendants.
