The Federal High Court in Abuja on Friday adjourned indefinitely the suit challenging the leadership of the African Democratic Congress (ADC) under former Senate President David Mark.
Justice Emeka Nwite adjourned the matter sine die after counsel to the plaintiff, Nafiu Bala Gombe, informed the court that an application had been filed before the Chief Judge of the Federal High Court seeking the transfer of the case to another judge.
The suit, marked FHC/ABJ/CS/1819/2025, has deepened the leadership crisis within the ADC following the emergence of Mark and former Osun State governor Rauf Aregbesola in the party’s leadership structure.
At the resumed hearing, plaintiff’s counsel, Luka Musa Haruna, told the court that the Supreme Court had, on April 30, dismissed an interlocutory appeal earlier filed by Mark against the proceedings.
According to him, the apex court also set aside the Court of Appeal’s order staying proceedings in the substantive suit.
“The interlocutory appeal of the second defendant has travelled to the Supreme Court. My Lord, we are glad to inform this honourable court that on the 30th day of April 2026, the Supreme Court delivered its judgment dismissing the appeal for lacking merit,” Haruna said.
He, however, disclosed that the plaintiff had, through a letter dated May 4, 2026, requested the Chief Judge to reassign the matter to another judge.
Haruna urged Justice Nwite to await the administrative decision of the Chief Judge on the request.
“At this juncture, we humbly pray to your Lordship to await the administrative decision of the Chief Judge of the Federal High Court,” he said.
The request was strongly opposed by counsel to the defendants, who accused the plaintiff of attempting to stall the accelerated hearing earlier ordered by the Court of Appeal and upheld by the Supreme Court.
Counsel to the first defendant, Realwan Okpanachi, described the move as an ambush, noting that the defence had not been served with the application.
“We have not received any communication regarding that application. As it is, we do not know the form or content of the application. We consider the approach of the plaintiff as an ambush,” he argued.
He added that the move appeared to be an attempt to frustrate the accelerated hearing ordered by the appellate courts.
Also opposing the request, counsel to the second defendant, Sulaiman Usman, described the move as “forum shopping and judge shopping.”
“For the plaintiffs to return to this court and inform parties that they have written a private correspondence to the Honourable Chief Judge, and on that basis ask this court to await the outcome, is not only unfortunate but a dangerous trend that must not be allowed,” he said.
Counsel to the fifth defendant, P.I. Oyewole, also faulted the request, describing it as “strange” and accusing the plaintiff of inviting the Chief Judge “to indulge in judicial rascality.”
In his ruling, Justice Nwite held that the court could not act on the letter without first hearing all parties involved.
“Taking a decision or any action on such a letter without hearing from the defendants will amount to a breach of their fundamental rights in this suit,” the judge held.
He added that since the letter was addressed to the Chief Judge, the trial court could not make any pronouncement on it.
Justice Nwite subsequently adjourned the matter indefinitely to allow parties file a Certified True Copy of the Supreme Court judgment, serve the defendants with the letter written to the Chief Judge, and await further directives from the Chief Judge of the Federal High Court.
Gombe is seeking an order restraining Mark, Aregbesola and others from parading themselves as leaders of the ADC, arguing that their emergence contravened the party’s constitution and provisions of the Electoral Act.
