The Federal High Court in Abuja has adjourned indefinitely a suit challenging the leadership structure of the African Democratic Congress following the emergence of former Senate President, David Mark, and former Osun State Governor, Rauf Aregbesola, in the party.
The suit was filed by an ADC chieftain, Nafiu Bala Gombe, who is seeking to stop Mark, Aregbesola and others from presenting themselves as leaders of the party, arguing that their emergence violated the ADC constitution and provisions of the Electoral Act.
Justice Emeka Nwite adjourned the matter sine die on Friday after the plaintiff informed the court that an application had been submitted to the Chief Judge of the Federal High Court requesting that the case be reassigned to another judge.
At the resumed hearing, counsel to the plaintiff, Luka Musa Haruna, told the court that the Supreme Court had dismissed an interlocutory appeal earlier filed by Mark against the proceedings.
Haruna said, “On April 30, 2026, the Supreme Court delivered judgment on the interlocutory appeal and dismissed it for lacking merit.”
He further explained that the Court of Appeal’s earlier order staying proceedings in the substantive suit had also been set aside by the apex court.
The plaintiff’s counsel, however, disclosed that a letter dated May 4, 2026, had been sent to the Chief Judge requesting the transfer of the case to another judge.
“At this juncture, we humbly pray to the court to await the administrative decision of the Chief Judge of the Federal High Court,” Haruna said.
The request was strongly opposed by lawyers representing the defendants, who accused the plaintiff of attempting to delay the accelerated hearing earlier ordered by the appellate courts.
Counsel to the first defendant, Realwan Okpanachi, argued that the defence had not been formally served with the application.
“We have not received any communication regarding the application. We consider the approach of the plaintiff as an ambush,” he said.
Okpanachi added that the move appeared to be “an attempt to frustrate the order of accelerated hearing granted by the Court of Appeal and upheld by the Supreme Court.”
Also opposing the request, counsel to the second defendant, Sulaiman Usman, described the development as “forum shopping and judge shopping.”
Usman said, “For the plaintiffs to return to court and hinge their request on a private correspondence to the Chief Judge is unfortunate and a dangerous trend that should not be encouraged.”
Another defence lawyer, P.I. Oyewole, described the application as strange and accused the plaintiff of attempting to draw the Chief Judge into what he termed “judicial rascality.”
Responding to the objections, 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 without hearing all parties involved in the case.
“Taking any action on such a letter without hearing from the defendants would amount to a breach of their fundamental rights,” the judge ruled.
He further stated 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 application sent to the Chief Judge, and await further directives regarding the case.
