Joy Yesufu and Kamsi Anayo
The leadership crisis rocking the African Democratic Congress deepened on Friday as the Federal High Court in Abuja indefinitely adjourned a suit challenging the party’s leadership under former Senate President David Mark.
Justice Emeka Nwite adjourned the matter sine die after the plaintiff, ADC chieftain Nafiu Bala Gombe, informed the court that he had applied to the Chief Judge of the Federal High Court for the transfer of the case to another judge.
The suit, marked FHC/ABJ/CS/1819/2025, has intensified internal divisions within the party following the emergence of Mark and former Osun State governor, Rauf Aregbesola, as chairman and secretary respectively of the ADC.
At the resumed hearing, counsel for the plaintiff, Luka Musa Haruna, told the court that the Supreme Court had, on April 30, dismissed an interlocutory appeal filed by Mark against the proceedings.
According to him, the apex court also vacated the Court of Appeal’s earlier order staying proceedings in the substantive suit.
“The interlocutory appeal of the second defendant travelled to the Supreme Court, and on April 30, 2026, the apex court dismissed the appeal for lacking merit,” Haruna told the court.
The lawyer, however, disclosed that the plaintiff had written to the Chief Judge of the Federal High Court on May 4, requesting that the matter be reassigned to another judge.
He urged Justice Nwite to suspend further proceedings pending the administrative decision of the Chief Judge.
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 affirmed by the Supreme Court.
Counsel for the first defendant, Realwan Okpanachi, argued that the defence had not been served with the application seeking transfer of the case.
“We consider the plaintiff’s action an ambush and an attempt to frustrate the accelerated hearing granted by the appellate courts,” he said.
Similarly, counsel for the second defendant, Sulaiman Usman, described the move as “forum shopping and judge shopping,” warning that such practices could undermine the integrity of judicial proceedings.
Counsel for the fifth defendant, P.I. Oyewole, also faulted the request, describing it as unusual and procedurally improper.
Responding, Haruna insisted that the plaintiff stood by the application for reassignment.
In his ruling, Justice Nwite held that the court could not act on the letter addressed to the Chief Judge without hearing all parties in the suit.
“Taking any decision on such a letter without hearing the defendants would amount to a breach of their fundamental rights,” the judge ruled.
He added that since the application was directed to the Chief Judge, the trial court could not make pronouncements 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 transfer request, and await further directives from the Chief Judge.
Gombe is seeking a court 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.
