The African Democratic Congress (ADC) has asked the Federal High Court in Abuja to dismiss the suit seeking the removal of Sen. David Mark and ex-Gov. Rauf Aregbesola as national chairman and national secretary.
The ADC, in a preliminary objection filed by Shaibu Aruwa, SAN, argued the Federal High Court in Abuja, presided over by Justice Emeka Nwite, lacked the jurisdiction to hear the case.
The lawyer, while giving two grounds why the suit should be dismissed, argued that the cause of action bordered on the internal affairs of ADC, a registered political party.
He also argued that the suit was filed in bad faith “and is an abuse of the processes of this honourable court.”
The News Agency of Nigeria (NAN) reports that Justice Nwite had, on Sept. 4, declined to grant an application seeking to stop Mark-led leadership of the ADC, pending the hearing of the substantive suit.
The judge had refused the three prayers sought in the ex-parte motion filed by Mr Nafiu-Bala Gombe, a former Deputy National Chairman of ADC, and moved by his lawyer, Michael Agber.
Rather, Justice Nwite had directed Mr Gombe, the plaintiff in the suit, to put all the defendants on notice to show cause why the motion should not be granted.
The judge then adjourned the matter until Sept. 15 for the defendants to show cause.
Gombe, in the suit marked: FHC/ABJ/CS/1819/2025, had sued ADC, Mark, Aregbesola, Independent National Electoral Commission (INEC) and Chief Ralph Nwosu as 1st to 5th defendants respectively.
When the matter was called on Monday, only ADC and the Independent National Electoral Commission (INEC), were represented in court.
Mark, Aregbesola and Nwosu were neither in court nor represented by lawyers.
Agber then informed the court that the matter was slated for the defendants to show cause why Gombe’s prayers should not be granted..
He said the parties had been served with all the processes, including the originating motion.
He said Mark, Aregbesola and Nwosu were all served through the 1st defendant (ADC).
The lawyer said he was in receipt of processes from the 1st defendant (ADC) earlier in the morning and would need time to respond.
Aruwa, who appeared for ADC, however, faulted the manner Mark, Aregbesola and Nwosu were served
“The law is settled my lord. Except the court directed that the defendants be jointly served, the processes had not been properly served,” he said.
Justice Nwite, who said that the permission of the court needed to be sought before effecting the service in the manner it was done, ordered Agber to ensure that the defendants were personally served.
Aruwa then told the court that a memorandum of conditional appearance, affidavit to show course and a written address had been filed, including a preliminary objection.
He said all the processes were filed on Sept 12.
Kingsley Magbuin, who appeared for INEC, acknowledged the receipt of the plaintiff’s originating process and that they had also filed an affidavit to show cause.
He however said that the commission was yet to be served with the plaintiff’s motion on notice and the judge directed that Magbuin be served in the open court by Agber.
Justice Nwite consequently adjourned the matter until Sept. 30 for hearing.
NAN reports that while the former Senate President, Mark, is the current national chairman of ADC, Aregbesola is the national secretary of the party.
Gombe, in the ex-parte motion dated and filed on Sept. 2, had sought three reliefs.
Gombe sought an order of interim injunction restraining the 4th defendant (INEC) from recognising the 2nd (Mark) and 3rd (Aregbesola) defendants as the national chairman and national secretary of the ist defendant (ADC) pending the hearing of the motion on notice.”
