Court Setback in ADC Leadership Case Against Mark, Aregbesola

The bid to halt the David Mark-led leadership of the African Democratic Congress (ADC) hit a delay on Monday at the Federal High Court in Abuja, after it emerged that court papers had not been properly served on the key defendants.

Justice Emeka Nwite, who is presiding over the leadership tussle, adjourned the matter to September 30, 2025, to allow the plaintiff’s counsel correct the errors in service.

During the proceedings, counsel to the plaintiff, Michael Agber, claimed that all processes had been served on the five defendants, including David Mark, Rauf Aregbesola, and Ralph Nwosu. However, Justice Nwite, upon examining the court file, said there was no proof of service.

Agber later admitted that he had served the defendants through the ADC, rather than individually. The judge faulted this approach, stressing that valid service requires personal delivery or, where impossible, a court order authorising substituted service.

Faced with the error, Agber requested an adjournment to put his filings in order. Justice Nwite directed him to serve the Independent National Electoral Commission (INEC) in open court, which was carried out immediately.

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Representing the ADC, Senior Advocate of Nigeria Shuaib Eneojoh Aruwa argued that the party had still not been fully served in line with legal requirements.

The suit was filed by the party’s former Deputy National Chairman, Nafiu-Bala Gombe, who is challenging the takeover of the party leadership by Mark and Aregbesola. In his ex-parte motion (FHC/ABJ/CS/1819/2025), Gombe is seeking to restrain INEC from recognising the duo as ADC’s national chairman and secretary, pending determination of his substantive case.

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Justice Nwite had earlier declined to issue an interim restraining order, instead directing that the defendants be put on notice to show cause.

With Monday’s setback, the case will now continue on September 30.