Justice Musa Liman of a Federal High Court, Abuja, has fixed Monday, April 13 for judgment in the suit filed by Hon. Leke Abejide, challenging the Senator David Mark-led leadership of the African Democratic Congress (ADC).<\/p>\n\n\n\n
The judge fixed the date on Friday, shortly after lawyers representing parties adopted their processes and presented their arguments for and against the suit.<\/p>\n\n\n\n
This is just as Justice Emeka Nwite of the same Federal High Court, Abuja, has slated Tuesday, April 14, for hearing in another suit filed by Hon Nafiu Bala Gombe, also challenging Mark-led leadership.<\/p>\n\n\n\n
Abejide, a member of the House of Representatives on the platform of ADC, is specifically seeking an order of the court restraining Senator David Mark and Ogbeni Rauf Aregbesola from parading themselves as ADC\u2019s national chairman and national secretary respectively.<\/p>\n\n\n\n
Besides Mark and Aregbesola, other defendants in the originating summons marked: FHC\/ABJ\/CS\/1637\/2025 are the ADC, former ADC\u2019s national chairman, Ralph Nwosu, and the Independent National Electoral Commission (INEC).<\/p>\n\n\n\n
Abejide, among the eight reliefs, sought an order nullifying Nwosu\u2019s handover or transfer of ADC\u2019s leadership to Mark and Aregbesola as interim national chairman and interim national secretary respectively on July 2, 2025, at Shehu Musa Yar\u2019adua Centre, Abuja for being illegal, unlawful, null and void.<\/p>\n\n\n\n
He sought an order of perpetual injunction restraining Mark and Aregbesola from parading themselves as leaders of the party \u201cas thelr purported appointment, selection or election was unlawful, illegal, null and void.\u201d<\/p>\n\n\n\n
He also sought perpetual injunction, restraining INEC from recognising Mark and Aregbesola as ADC\u2019s interim national chairman and interim national secretary \u201cas their appomtment, selection or election did not meet the requirements of Section 82 of the Electoral Act, 2022,\u201d among other prayers.<\/p>\n\n\n\n
The defendants through their respective lawyers however challenged the legal right of Abejide to institute the suit in the first place, adding that the subject matter of the suit borders on the internal affairs of a political party which is non-justiciable.<\/p>\n\n\n\n
They added that the court lacked the jurisdiction to delve into such matters.<\/p>\n\n\n\n
The defendants also stated that contrary to Abejide\u2019s submission, the Mark-led leadership was elected on July 29, 2025, at the National Executive Committee meeting of the party, and not July 2, 2025.<\/p>\n\n\n\n
They stated that Abejide had not demonstrated any reasonable cause why the suit should be filed.<\/p>\n\n\n\n
The defendants, who urged the court to dismiss the suit with subtantial cost in line with Section 83(5) of the Electiral Act, 2026, argued that the matter is academic.<\/p>\n\n\n\n
Also in his argument, Onyeri, who appeared for INEC, prayed the court to dimiss the suit.<\/p>\n\n\n\n
He said the commission, in its argument, filed an eight-paragraph counter affidavit with an exhibit marked, Exhibit INEC-1.<\/p>\n\n\n\n
In a related development, Justice Emeka Nwite has fixed April 14 for the hearing of the suit filed by Nafiu-Bala Gombe against the David Mark-led leadership.<\/p>\n\n\n\n
The date was contained in the Hearing Notice issued to parties in the suit.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Justice Nwite had, at the last proceeding, adjourned the case sine die (indefinitely) to await the decision of the Court of Appeal in respect of the case.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Against the appellate court\u2019s judgment, INEC, on April 1, removed the names of Mark and Aregbesola from its official portal and website as ADC\u2019s national chairman and national secretary respectively.<\/p>\n\n\n\n
In reaction to INEC\u2019s 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.<\/p>\n\n\n\n
They also sought an order for accelerated hearing of the case.<\/p>\n\n\n\n
Meanwhile, Mark and Aregbesola have urged the court \u201cto dismiss the suit in limine for want of jurisdiction.\u201d<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
He argued that the suit is predicated on falsehood and suppression of material facts, particularly concerning the plaintiff\u2019s resignation.<\/p>\n\n\n\n
Besides , Mark submitted that the subject matter of the suit borders on internal affairs of a political party, which are non-justiciable, adding that the plaintiff has disclosed no reasonable cause of action.<\/p>\n\n\n\n
\u201cThis honourable court lacks jurisdiction to entertain this suit.<\/p>\n\n\n\n
\u201cThe suit constitutes a gross abuse of court process,\u201d he added.<\/p>\n\n\n\n
Aregbesola, in his consequential counter affifavit argued that Gombe, in his suit, seeks to aprobate 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.<\/p>\n\n\n\n
He stated that the party communicated the resignation of Gombe to INEC, in compliance with its standard rules and guidelines.<\/p>\n\n\n\n
Aregbesola, who said that the suit is unmeritorious, sought an order awarding the sum of N50 million to him as cost for defending the suit.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
He submitted that the case of Gombe is premature, and that the plaintiff failed to exhaust the internal dispute resolution mechanism before rushing to court.<\/p>\n","protected":false},"excerpt":{"rendered":"
Justice Musa Liman of a Federal High Court, Abuja, has fixed Monday, April 13 for judgment in the suit filed by Hon. Leke Abejide, challenging the Senator David Mark-led leadership of the African Democratic Congress (ADC). The judge fixed the date on Friday, shortly after lawyers representing parties adopted their processes and presented their arguments […]<\/p>\n","protected":false},"author":14,"featured_media":47980,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[5],"tags":[],"class_list":["post-91367","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t