The Federal High Court in Abuja has postponed the hearing of a suit challenging the leadership of the African Democratic Congress (ADC) under Senator David Mark and Rauf Aregbesola, due to improper service of court documents on some of the defendants.
At the resumed session on Monday, Justice Emeka Nwite ruled that the plaintiff had not fulfilled the legal requirements for proper service and directed that all defendants be personally served.
The case was adjourned to September 30 for hearing.
The suit, marked FHC/ABJ/CD/1819/2025, was filed by Nafiu Gombe, a former Deputy National Chairman of the ADC.
He is challenging the legitimacy of Senator David Mark as National Chairman and Rauf Aregbesola as National Secretary of the party.
The defendants listed in the suit include African Democratic Congress (ADC), Senator David Mark, Rauf Aregbesola, the Independent National Electoral Commission (INEC) and Chief Ralph Nwosu.
In an ex parte motion filed on September 2, Gombe sought the temporary injunctions restraining INEC from recognising Mark and Aregbesola as national officers of the ADC pending the hearing of the main suit, preventing Mark and Aregbesola from parading themselves as National Chairman and Secretary, as well as prohibiting INEC from interacting or dealing with them in their claimed capacities until the case is resolved.
Despite the ongoing legal challenge, INEC has already recognised Mark and Aregbesola as the legitimate leaders of the party.
At Monday’s proceedings, legal representation was present for INEC and ADC, but Mark, Aregbesola and Nwosu were absent and unrepresented, despite previous court orders summoning them to show cause.
Shaibu Aruwa (SAN), representing ADC, filed a preliminary objection arguing that the court lacked jurisdiction, as the dispute concerns the internal affairs of a political party.
He also described the suit as an abuse of court process, filed in bad faith.
Aruwa challenged the method of service used on the absent defendants, stating that unless the court had ordered joint service, individual service was required.
Justice Nwite agreed, ruling that court permission must be sought before serving multiple parties through a single channel.
He ordered the plaintiff’s lawyer, Michael Agber, to properly serve all outstanding defendants personally.
Agber had earlier told the court that all parties had been served, with Mark, Aregbesola, and Nwosu receiving documents via the ADC headquarters.
However, Aruwa argued this was not legally sufficient.
Meanwhile, INEC’s lawyer, Kingsley Magbuin, confirmed that the commission had received the originating processes but was yet to be served with the motion on notice.
Agber proceeded to serve him in open court as directed by the judge.
On September 4, the court had refused to grant an interim injunction against the Mark-led leadership, instead ordering that all defendants be put on notice to respond.
Both ADC and INEC have now filed their responses and affidavits to show cause.
The matter will now proceed on September 30, when the court is expected to determine whether the suit can move forward.
