The African Democratic Congress, ADC, has filed a preliminary objection at the Federal High Court in Abuja, urging the court to dismiss a suit seeking the removal of its national chairman, former Senate President David Mark, and national secretary, former Osun State governor Rauf Aregbesola.
The case, presided over by Justice Emeka Nwite, was brought by Mr. Nafiu-Bala Gombe, a former Deputy National Chairman of ADC.
Gombe is challenging the legitimacy of the Mark-led leadership and wants the Independent National Electoral Commission (INEC) restrained from recognizing both men in their positions. The suit, marked FHC/ABJ/CS/1819/2025, also lists ADC itself and Chief Ralph Nwosu among the defendants.
At Monday’s proceedings, only the ADC and INEC were represented in court. Mark, Aregbesola, and Nwosu were absent and had no legal representation.
Gombe’s lawyer, Michael Agber, argued that the matter was fixed for the defendants to show cause why the reliefs sought should not be granted. He informed the court that all defendants had been served through the party headquarters.
However, Shaibu Aruwa, SAN, representing ADC, challenged the validity of the service, contending that the processes had not been properly delivered.
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“The law is settled, my lord. Except the court directed that the defendants be jointly served, the processes had not been properly served,” Aruwa said.
Justice Nwite agreed that court permission was required before serving the defendants in such a manner and ordered that Mark, Aregbesola, and Nwosu be personally served to ensure compliance with procedure.
In its preliminary objection, ADC argued that the case should be struck out for two main reasons: first, that the dispute concerns the internal affairs of a political party, which the court lacks jurisdiction to adjudicate; and second, that the suit was filed in bad faith and amounts to an abuse of judicial process.
Aruwa further disclosed that ADC had filed a memorandum of conditional appearance, an affidavit to show cause, and a written address, alongside the preliminary objection, all lodged on September 12.
On its part, INEC, represented by Kingsley Magbuin, acknowledged receipt of the plaintiff’s originating process and confirmed filing an affidavit to show cause.
However, the commission stated that it had not yet been served with the plaintiff’s motion on notice. The judge therefore directed that INEC’s counsel be served in open court.
Justice Nwite subsequently adjourned the case until September 30 for hearing, giving time for proper service on the key defendants.
The lawsuit traces back to September 2, when Gombe filed an ex-parte motion seeking three reliefs, including an interim injunction restraining INEC from recognizing Mark and Aregbesola as ADC leaders pending the determination of the substantive suit.
Earlier, on September 4, the court had declined to grant interim orders against the current leadership, instead directing the plaintiff to put all defendants on notice.
The outcome of the case is being closely watched within ADC, as it could determine whether its current leadership, anchored by two prominent Nigerian political figures, remains intact.
NAN
