Drama In Court As Suit Seeking To Stop David Mark, Aregbesola As New ADC Leaders Suffers Setback

Hearing in a suit seeking to stop the David Mark-led leadership of the African Democratic Congress (ADC) was stalled on Monday at the Federal High Court in Abuja.

The suit could not proceed due to the failure to serve court papers on David Mark and other defendants as required by law.

Justice Emeka Nwite, who is presiding over the case, has fixed September 30 as the new date for the hearing.

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During the court proceedings, Michael Agber, counsel to the plaintiff, claimed that all processes and orders had been served on the five defendants.

However, Justice Nwite, after checking the court file, “could not find the proof of service.”

The plaintiff’s lawyer then claimed he served David Mark, Ogbeni Rauf Aregbesola, and Chief Ralph Nwosu—the 2nd, 3rd, and 5th defendants—through the ADC.

The judge “faulted the mode of the service,” stating that the law requires the court papers to be served on the individuals.

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The judge held that there was “no proper service” and that for such service to be valid, an order for substituted service must first be obtained.

Having “admitted errors in the mode of service,” the plaintiff’s lawyer requested an adjournment.

The ADC, represented by Senior Advocate of Nigeria (SAN) Shuaib Eneojoh Aruwa, claimed that the party had not been fully served in compliance with the law.

Justice Nwite also ordered the plaintiff’s lawyer to serve the court papers on the Independent National Electoral Commission (INEC) in the open court, a directive which was complied with.

The suit was filed by a former Deputy National Chairman of the ADC, Mr Nafiu-Bala Gombe, who had sought an “ex-parte application” to “restrain David Mark and others from assuming the leadership of the party” pending the resolution of his challenge to their takeover.

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