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The Federal High Court in Abuja on Friday adjourned indefinitely a suit challenging the leadership structure of the African Democratic Congress ADC, under former Senate President David Mark.
Justice Emeka Nwite adjourned the matter after the plaintiff, Nafiu Bala Gombe, informed the court that he had asked the Chief Judge of the Federal High Court to transfer the case to another judge.
The suit, marked FHC/ABJ/CS/1819/2025, has triggered fresh tensions within the ADC following the emergence of Mark and former Osun State governor Rauf Aregbesola in the party’s leadership structure.
Plaintiff Seeks Transfer of Case
During proceedings, counsel to the plaintiff, Luka Musa Haruna, told the court that the Supreme Court had already dismissed an interlocutory appeal earlier filed by David Mark.
He said the apex court delivered the ruling on April 30 and also set aside the Court of Appeal order that had paused proceedings in the substantive suit.
Haruna informed the court that the plaintiff had written a letter dated May 4, 2026, requesting the Chief Judge to reassign the matter to another judge. He urged the court to wait for the administrative decision of the Chief Judge before taking further action.
Defendants Accuse Plaintiff of Delaying Proceedings
Lawyers representing the defendants strongly opposed the request and accused the plaintiff of trying to frustrate the accelerated hearing earlier approved by the Court of Appeal and upheld by the Supreme Court.
Counsel to the first defendant, Realwan Okpanachi, said the defence had not received any formal communication regarding the transfer request. He described the move as an ambush and an attempt to delay the proceedings.
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Counsel to the second defendant, Sulaiman Usman, accused the plaintiff of engaging in “forum shopping and judge shopping.”
Usman argued that the plaintiff improperly relied on private correspondence with the Chief Judge to seek a delay in the matter.
Counsel to the fifth defendant, P.I. Oyewole, also opposed the request and described the application as strange.
He accused the plaintiff of attempting to pressure the Chief Judge into interfering with the judicial process.
Court Says Parties Must Be Heard
In his ruling, Justice Nwite said the court could not act on the plaintiff’s letter without giving all parties the opportunity to respond.
He held that taking any decision based on the letter alone would violate the defendants’ right to fair hearing.
The judge also noted that the plaintiff addressed the letter directly to the Chief Judge, meaning the trial court could not make pronouncements on it.
Justice Nwite then adjourned the matter indefinitely to allow the parties file a Certified True Copy of the Supreme Court judgment and properly serve the defendants with the transfer request.
He also said the court would await further directives from the Chief Judge of the Federal High Court.
Bala Gombe seeks a court order
Nafiu Bala Gombe seeks a court order stopping David Mark, Rauf Aregbesola, and others from presenting themselves as leaders of the ADC.
He argues that their emergence violated the party’s constitution and provisions of the Electoral Act.
The case has further exposed growing internal divisions within the ADC ahead of future political alignments and elections.
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