…party queries suit’s competence
Justice Emeka Nwite of the Federal High Court in Abuja has ordered the plaintiff in a suit quering the legitimacy of the David Mark-led leadership of the African Democratic Congress (ADC) to ensure that the second, third, and fifth defendants were served individually with court documents.
Justice Nwite issued the order at Monday’s proceedings upon realising that the plaintiff – Nafiu-Bala Gombe, a former Deputy National Chairman of ADC – has not effected proper service on the said defendants as required.
In the suit marked: FHC/ABJ/CS/1819/2025, Mark, Aregbesola, and Nwosu are listed as the second, third, and fifth defendants. ADC is listed as the first, while the Independent National Electoral Commission (INEC) is the fourth defendant.
When the case was called, plaintiff lawyer, Michael Agber, told the court that the business of the day was for lawyers to the defendants to show cause why the court should not grant the plaintiff’s motion seeking to restrain Mark and others from assuming ADC’s leadership.
The judge, however, noted that Mark, Aregbesola, and Nwosu were not represented in court, a development that prompted him to ask Agber whether they were served with documents relating to the case as required.
In response, Agber said he served the three through the office of the ADC on the grounds that they were now operating there.
Justice Nwite faulted that mode of service, noting that since they were sued individually, they ought to be so served, except if the plaintiff had first obtained an order of court for substituted service.
Lawyer to ADC, Shaibu Aruwa (SAN), admitted that his client was properly served.
Aruwa said ADC has responded to the court’s earlier order directing it to show cause by filing an affidavit detailing why the restraining orders sought by the plaintiff should not be granted.
He said his client has also filed a notice of preliminary objection, challenging the competence of the suit and the court’s jurisdiction to hear it, but has yet to respond to the substantive suit because it is still within time.
INEC’s lawyer, Kingsley Magbuin, admitted being served with some of the documents filed, with the exclusion of one, which Agber later handed to him in open court on the instruction of the judge.
Magbuin said his client has also filed an affidavit to show cause, but has yet to respond to the substantive suit because it is still within time.
Justice Nwite subsequently adjourned till September 30 for the hearing.
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In his pending motion filed on September 2, Gombe is seeking three principal reliefs.
He wants 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 1st defendant (ADC) pending the hearing of the motion on notice.
Gombe is also seeking 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.
He equally wants an order restraining the 4th defendant/ respondent from recognising and or dealing with the 2nd and 3rd defendants.