The move by a former ADC Deputy National Chairman Nafiu-Bala Gombe, to stop Senator David Mark and former Interior Minister Rauf Aregbesola from assuming leadership of the African Democratic Congress (ADC) suffered a setback this Monday (15/9/25) at the Federal High Court in Abuja.
Presiding over the proceedings, Justice Emeka Nwite, faulted the plaintiff’s failure to properly serve court papers on the defendants as required by law and therefore adjourned the case to September 30 for hearing.
Counsel to the plaintiff, Michael Agber, had earlier argued that all court processes and orders had been served on the five defendants including: David Mark, Rauf Aregbesola and Chief Ralph Nwosu—listed as the 2nd, 3rd and 5th defendants—through the ADC.
However, a review by Justice Nwite exposed that no valid proof of service had been filed and therefore ruling that the law required each defendant to be served individually unless a court had first granted an order for substituted service.
The Counsel to the plaintiff upon admitting errors in his method of service, requested an adjournment to correct the irregularities.
The judge consequently directed him to immediately serve the Independent National Electoral Commission (INEC) in open court, a directive which was complied with.
The ADC, represented by Senior Advocate of Nigeria (SAN) Shuaib Eneojoh Aruwa, also contended that the party had not been properly served in compliance with legal requirements.
Recall, in an ex parte motion dated September 2, 2025, Gombe sought interim injunctions restraining INEC from recognising the two as National Chairman and National Secretary of the ADC, and preventing them from parading themselves as such pending the determination of his substantive suit.
Contrary to his demands, Justice Nwite declined to issue a restraining order and instead directed that the defendants be put on notice to show cause why the request should not be granted.
