RismadarVoice Reporters, May 8, 2026
The Federal High Court in Abuja on Friday adjourned indefinitely a suit challenging the leadership structure of the African Democratic Congress (ADC) under former Senate President David Mark.
Justice Emeka Nwite adjourned the matter sine die after counsel to the plaintiff, Nafiu Bala Gombe, informed the court that an application had been filed before the Chief Judge of the Federal High Court seeking transfer of the case to another judge.
The suit, marked FHC/ABJ/CS/1819/2025, stems from a leadership dispute within the ADC following the emergence of Mark and former Osun State Governor, Rauf Aregbesola, in the party’s leadership arrangement.
At the resumed hearing, plaintiff’s counsel, 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 set aside the Court of Appeal’s earlier order staying proceedings in the substantive suit.
“The interlocutory appeal of the second defendant has travelled to the Supreme Court. My Lord, we are glad to inform this honourable court that on the 30th day of April 2026, the Supreme Court delivered its judgment dismissing the appeal for lacking in merit,” he said.
The lawyer, however, disclosed that the plaintiff had written a letter dated May 4, 2026, to the Chief Judge requesting reassignment of the matter to another judge and urged Justice Nwite to await the administrative decision on the application.
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 Court of Appeal and upheld by the Supreme Court.
Counsel for the first defendant, Realwan Okpanachi, described the application as an ambush, saying the defence had not been served with any communication regarding the transfer request.
“We also consider it as an attempt to frustrate the order of accelerated hearing granted by the Court of Appeal and upheld by the Supreme Court,” he said.
Counsel for the second defendant, Sulaiman Usman, described the move as “forum shopping and judge shopping,” warning that such a practice should not be encouraged.
Also opposing the request, counsel for the fifth defendant, P.I. Oyewole, described the application as “strange” and accused the plaintiff of inviting the Chief Judge “to indulge in judicial rascality.”
In his ruling, Justice Nwite held that the court could not act on the transfer request without hearing all parties involved.
“Taking a decision or any action in such a letter without hearing from the defendants will amount to a breach of their fundamental right in this suit,” the judge ruled.
He added that since the letter was addressed to the Chief Judge, the trial court could not make any pronouncement on it.
The judge subsequently adjourned the matter indefinitely to allow parties to file the 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 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.
