From Victor osula, Abuja
The Federal High Court in Abuja has temporarily suspended proceedings in a suit challenging the leadership structure of the African Democratic Congress (ADC), as the court awaits administrative direction from the Chief Judge over a pending request for reassignment of the case.
Justice Emeka Nwite on Friday adjourned the matter sine die following an application by the plaintiff, Nafiu Bala Gombe, seeking the transfer of the case to another judge.
The suit, marked FHC/ABJ/CS/1819/2025, challenges the emergence of former Senate President, David Mark, and former Osun State Governor, Rauf Aregbesola, in the leadership structure of the African Democratic Congress, alleging violations of the party’s constitution and provisions of the Electoral Act.
At Friday’s proceedings, counsel to the plaintiff, Luka Musa Haruna, informed the court that the Supreme Court had, on April 30, 2026, dismissed an interlocutory appeal filed by the second defendant for lacking merit and set aside the Court of Appeal’s order staying proceedings in the substantive suit.
He also disclosed that despite the apex court’s decision, the plaintiff had, on May 4, 2026, written to the Chief Judge of the Federal High Court requesting reassignment of the case, urging the court to await the administrative decision.
Counsel to the defendants opposed the application, arguing that it amounted to an attempt to frustrate the accelerated hearing earlier ordered by the Court of Appeal and upheld by the Supreme Court.
First defendant’s counsel, Realwan Okpanachi, described the application as an ambush, saying the defence had not been served with any formal communication regarding the transfer request.
Second defendant’s counsel, Sulaiman Usman, described the move as forum shopping and judge shopping, warning that it posed a threat to the judicial process if allowed.
Counsel for the fifth defendant, P.I. Oyewole, also opposed the request, describing it as strange and cautioning against attempts to involve administrative interference in ongoing proceedings.
Ruling, Justice Nwite held that the court could not take any decision on the Chief Judge’s letter without hearing all parties, noting that doing so would amount to a breach of the defendants’ fundamental rights.
The judge further stated that since the letter was addressed to the Chief Judge, the trial court could not make any pronouncement on it.
He subsequently adjourned the matter sine die, stating that the adjournment would allow parties to obtain a Certified True Copy of the Supreme Court judgement, serve relevant correspondence, and await further administrative directives from the Chief Judge.
Gombe is seeking an order restraining Mark, Aregbesola and others from parading themselves as ADC leaders, arguing that their emergence violated the party’s constitution and provisions of the Electoral Act.
The suit, instituted in September 2025, seeks to restrain the Mark-led National Working Committee of the ADC from presenting itself as the legitimate leadership of the party, amid competing claims over constitutional succession and internal party authority.
Bala is also asking the court to stop the Independent National Electoral Commission (INEC) from recognising the David Mark-led executive, arguing that such recognition contradicts the provisions of the ADC constitution.
He contends that following the exit of the party founder, Ralph Nwosu, he was entitled, as Deputy National Chairman, to assume leadership of the party in line with its internal succession framework.
The leadership tussle has its roots in the post-Nwosu transition period, when disagreements emerged over who constitutionally inherits control of the party’s national executive structure.
Bala’s initial approach to the Federal High Court in 2025 triggered a series of legal battles after he sought interim orders restraining INEC from recognising the Mark-led leadership while claiming entitlement to the position of Acting National Chairman.
In response, the Mark-led faction challenged the jurisdiction of the Federal High Court, arguing that the matter was strictly an internal party affair and not justiciable in court.
The dispute escalated to the Court of Appeal, which, on March 12, 2026, dismissed Mark’s appeal as unmeritorious and ordered parties to return to the lower court while maintaining the status quo ante bellum.
The uncertainty surrounding the leadership structure prompted INEC on April 1, 2026, to suspend recognition of both factions pending final judicial clarification, effectively freezing official dealings with the party’s rival camps. The Supreme Court later intervened in the broader litigation process, affirming the legitimacy of the Mark-led leadership structure while directing that remaining substantive issues be resolved at the Federal High Court level.
The respondents in the suit include Nafiu Bala Gombe, the African Democratic Congress, the party’s National Secretary, Rauf Aregbesola, the Independent National Electoral Commission (INEC), and other stakeholders within the party structure.
