The Federal High Court in Abuja on Friday adjourned indefinitely a 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 the plaintiff, ADC chieftain Nafiu Bala Gombe, informed the court that he had written to 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, stems from the recent 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, counsel to 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.
Haruna said the apex court also vacated the Court of Appeal’s earlier order staying proceedings in the substantive suit.
He said: “The interlocutory appeal of the second defendant travelled to the Supreme Court and on April 30, 2026, the Supreme Court dismissed the appeal for lacking merit.”
The lawyer, however, disclosed that the plaintiff had, through a letter dated May 4, 2026, requested the Chief Judge to reassign the matter to another judge.
He urged Justice Nwite to suspend further proceedings pending the administrative decision of the Chief Judge.
The request was opposed by counsel to the defendants, who accused the plaintiff of attempting to delay the accelerated hearing earlier ordered by the Court of Appeal and upheld by the Supreme Court.
Counsel to the first defendant, Realwan Okpanachi, argued that the defence had not been served with the application seeking transfer of the case.
“We have not received any communication regarding the application. We do not know its content and we consider the approach of the plaintiff as an ambush,” he said.
Okpanachi added that the move appeared aimed at frustrating the accelerated hearing ordered by the appellate courts.
Counsel to the second defendant, Sulaiman Usman, described the request as an act of “forum shopping and judge shopping.”
He argued that the plaintiff could not rely on a private correspondence to the Chief Judge as a basis for asking the court to halt proceedings.
Also opposing the request, counsel to the fifth defendant, P.I. Oyewole, described the application as strange and accused the plaintiff of attempting to draw the Chief Judge into “judicial rascality.”
Responding, Haruna maintained that the plaintiff stood by the request for reassignment of the matter.
In his ruling, Justice Nwite held that the court could not act on the letter without hearing from all parties involved in the suit.
The judge said taking any decision on the request without giving the defendants an opportunity to respond would amount to a breach of their right to fair hearing.
He noted 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.
Gombe is seeking an order restraining Mark, Aregbesola and others from parading themselves as leaders of the ADC, arguing that their emergence violated the party’s constitution and provisions of the Electoral Act.
