The Federal High Court in Abuja has fixed April 14 for the hearing of a suit filed by Nafiu-Bala Gombe seeking to stop the Sen. David Mark- led African Democratic Congress, ADC, from parading themselves as leaders of the party.
The News Agency of Nigeria gathered that Justice Emeka Nwite fixed the date, following the hearing notices issued to parties in the suit.
Gombe, in the suit marked: FHC/ABJ/CS/1819/2025, had sued ADC, Mark, Ogbeni Rauf Aregbesola, Independent National Electoral Commission, INEC, and Chief Ralph Nwosu as 1st to 5th defendants respectively.
Justice Nwite had, at the last hearing date, adjourned the case sine die (indefinitely) to await the decision of the Court of Appeal.
The judge adjourned the matter indefinitely after counsel for the defendants informed the court of an appeal filed against the lower court order.
However, the Appeal Court, in its March 12 judgment, ordered the parties to go back to the trial court and maintain status quo ante bellum pending the hearing and determination of the substantive suit.
Against the appellate court’s judgment, INEC, on April 1, removed the names of Mark and Aregbesola from its official portal and website as ADC’s national chairman and national secretary respectively.
In reaction to INEC’s decision, the Mark-led leadership, in a motion on notice filed on April 7 by Sulaiman Usman, SAN, prayed the court to ordered the commission to restore their names as it were, prior to the institution of the suit by Gombe.
They also sought an order for accelerated hearing of the case.
Meanwhile, Mark and Aregbesola have urged the court “to dismiss the suit in limine for want of jurisdiction.”
The former Senate President, in his preliminary objection filed on April 7 by his lawyer, Usman, argued that Gombe lacked the locus standi to file the suit, having voluntarily resigned his position as deputy national chairman of ADC.
He argued that the suit is predicated on falsehood and suppression of material facts, particularly concerning the plaintiff’s resignation.
The embattled national chairman stated that the subject matter of the suit borders on internal affairs of a political party, which are non-justiciable.
According to him, the plaintiff has disclosed no reasonable cause of action.
“This honourable court lacks jurisdiction to entertain this suit.
“The suit constitutes a gross abuse of court process,” he added.
Aregbesola, in his consequential counter affifavit deposed to by Anthonia Nwafor from the law firm of M.E. Sheriff & Co, equally urged the court to dismiss the suit.
He said Gombe, in his suit, seeks to approbate and reprobate at the same time because he is no longer a member of the National Executive Committee of ADC, having resigned his position as the deputy chairman of the committee to make way for smooth and effective coalition and restructuring.
He stated that the party communicated the resignation of Gombe to INEC, in compliance with its standard rules and guidelines.
Aregbesola, who said that the suit is unmeritorious, sought an order awarding the sum of N50 million to him as cost for being discommoded by defending the suit.
On his part, Nwosu, in his preliminary objection filed on April 7 by his lawyer, P. I. Oyewole, equally prayed the court to dismiss the suit.
The ex-party’s national chairman, who argued that the case is premature, submitted that Gombe had failed to exhaust the internal dispute resolution mechanism before filing the suit.
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