A move seeking to stop Senator David Mark and former Interior Minister Rauf Aregbesola from assuming leadership of the African Democratic Congress (ADC) suffered a setback on Monday at the Federal High Court in Abuja.
POLITICS NIGERIA reports that Justice Emeka Nwite, who is presiding over the leadership tussle faulted the plaintiff’s failure to properly serve court papers on the defendants as required by law.
He therefore adjourned the case to September 30 for hearing.
At Monday’s proceedings, counsel to the plaintiff, Michael Agber, argued that all court processes and orders had been served on the five defendants. However, a review of the case file by Justice Nwite revealed that no valid proof of service had been filed.
Pressing further, Agber claimed he served David Mark, Rauf Aregbesola and Chief Ralph Nwosu—listed as the 2nd, 3rd and 5th defendants—through the ADC. Justice Nwite faulted the approach, ruling that the law required each defendant to be served individually unless a court had first granted an order for substituted service.
Upon admitting errors in his method of service, Agber requested an adjournment to correct the irregularities. The judge 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.
The case was brought by former ADC Deputy National Chairman Nafiu-Bala Gombe, who is challenging the decision to hand over the party’s leadership to Mark and Aregbesola.
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.
However, Justice Nwite earlier 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.
Gombe’s suit, marked FHC/ABJ/CS/1819/2025, lists the ADC, Senator David Mark, Rauf Aregbesola, INEC, and Chief Ralph Nwosu as 1st to 5th defendants respectively.
The leadership change in dispute followed the dissolution of Nwosu’s committee at the ADC’s 99th National Executive Committee meeting in Abuja, after which INEC updated its records to reflect Mark and Aregbesola as part of the party’s new National Working Committee.
