A lawsuit aimed at preventing Senator David Mark and former Minister Rauf Aregbesola from assuming leadership of the African Democratic Congress (ADC) encountered a setback on Monday at the Federal High Court in Abuja due to improper service of court documents.
Justice Emeka Nwite, who is presiding over the matter, adjourned the case to September 30 after discovering that the required legal processes had not been properly served on the defendants, including Mark, Aregbesola, and Chief Ralph Nwosu.
During Monday’s proceedings, counsel for the plaintiff, Michael Agber, informed the court that all necessary documents and court orders had been served on the five named defendants. However, upon reviewing the case file, Justice Nwite noted the absence of proof of service.
In the ensuing clarification, Agber admitted that the documents were served on the 2nd, 3rd, and 5th defendants — Mark, Aregbesola, and Nwosu — through the ADC’s headquarters, rather than serving them personally or seeking an order for substituted service as required by law.
Justice Nwite ruled that this mode of service was not legally acceptable. He emphasized that each defendant must be individually served, or the court must first grant an order for substituted service if personal service is impracticable.
Following the court’s findings, the plaintiff’s counsel conceded to the procedural error and requested an adjournment to correct the irregularities. The judge granted the request and also directed that the Independent National Electoral Commission (INEC), the 4th defendant, be served in open court — a directive that was immediately complied with.
The ADC, represented by Senior Advocate of Nigeria Shuaib Eneojoh Aruwa, also maintained that it had not been properly served in line with legal requirements.
The plaintiff, Nafiu-Bala Gombe, a former Deputy National Chairman of the ADC, had filed the suit under case number FHC/ABJ/CS/1819/2025. In an ex-parte application, Gombe asked the court to restrain Senator Mark and Aregbesola from taking control of the party’s national leadership pending the determination of his substantive suit challenging the legality of their emergence.
However, Justice Nwite had earlier declined to grant an immediate restraining order and instead directed the plaintiff to notify the defendants and allow them the opportunity to respond to the application.
In his motion, filed on September 2, Gombe is seeking three interim injunctions:
An order restraining INEC (the 4th defendant) from recognising Senator Mark (2nd defendant) and Aregbesola (3rd defendant) as the National Chairman and National Secretary of ADC (1st defendant), pending the hearing of the motion on notice.
An order restraining Mark and Aregbesola, along with their associates, from parading themselves as the party’s National Chairman and National Secretary.
An order preventing INEC from engaging with or recognising Mark and Aregbesola in any official capacity related to the leadership of the ADC.
With proper service now mandated and an adjournment granted, the case will resume on September 30, when the court is expected to proceed with hearing arguments on the matter.
