The African Democratic Congress (ADC) has asked the Federal High Court in Abuja to dismiss a suit seeking the removal of David Mark and former Governor Rauf Aregbesola as the party’s national chairman and national secretary.
In a preliminary objection filed by Shaibu Aruwa (SAN), counsel to the ADC, the party argued that the court, presided over by Justice Emeka Nwite, lacks the jurisdiction to entertain the matter.
Aruwa maintained that the case concerns the internal affairs of a political party, which fall outside the court’s purview, and described the suit as having been filed in bad faith and constituting an abuse of judicial process.
The suit, marked FHC/ABJ/CS/1819/2025, was filed by Nafiu-Bala Gombe, a former deputy national chairman of the ADC.
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The defendants listed are the ADC, David Mark, Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Chief Ralph Nwosu.
At the resumed hearing on Monday, only the ADC and INEC were represented in court. Mark, Aregbesola, and Nwosu were absent and had no legal representation.
Gombe’s counsel, Michael Agber, informed the court that all required documents, including the originating motion, had been served through the ADC. He also acknowledged receiving fresh filings from the party earlier that day and requested time to respond.
However, Aruwa challenged the method of service, arguing that the court had not granted leave for joint or substituted service. He insisted that each defendant must be served individually unless otherwise ordered.
Justice Nwite upheld Aruwa’s argument and ruled that proper service must be effected. He directed Agber to serve the absent defendants personally.
Aruwa further informed the court that the ADC had filed a memorandum of conditional appearance, an affidavit to show cause, a written address, and a preliminary objection on September 12.
Kingsley Magbuin, INEC’s lawyer, confirmed receiving the originating process and said the commission had also filed an affidavit to show cause.
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However, he noted that the motion on notice had not yet been served on INEC. Justice Nwite ordered that Magbuin be served in open court.
The judge then adjourned the matter to September 30 for hearing.
It would be recalled that on September 4, Justice Nwite had declined to grant an interim injunction sought by Gombe to restrain INEC from recognising Mark and Aregbesola as ADC’s national leaders.
Rather than grant the ex parte motion, the court directed Gombe to serve the defendants with notice and ordered them to show cause why the injunction should not be granted.
The matter was initially adjourned to September 15 for that purpose.
David Mark remains the national chairman of ADC, while Rauf Aregbesola serves as the national secretary.
