The Federal High Court has reassigned the ADC leadership suit challenging David Mark and Rauf Aregbesola’s leadership
The Chief Judge of the Federal High Court, Justice John Tsoho, has reassigned the ADC leadership suit filed by former National Deputy Chairman of the African Democratic Congress, Nafiu-Bala Gombe, to another judge for adjudication.
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The case, which was previously before Justice Emeka Nwite, has now been transferred to Justice Peter Lifu following Justice Nwite’s recent elevation to the Court of Appeal.
The National Judicial Council had, at its 111th meeting held on May 13, recommended Justice Nwite and 11 others for appointment as justices of the Court of Appeal, subject to presidential approval.
Gombe is challenging the emergence of former Senate President David Mark as National Chairman of the ADC and former Osun State Governor, Ogbeni Rauf Aregbesola, as National Secretary of the party.
In the suit marked FHC/ABJ/CS/1819/2025, Gombe is seeking an order restraining Mark, Aregbesola and members of the party’s interim National Working Committee from parading themselves as leaders of the ADC.
The plaintiff argued that the appointments violated the party’s constitution as well as provisions of the Electoral Act.
Also listed as defendants in the suit are the African Democratic Congress, the Independent National Electoral Commission and former ADC National Chairman, Ralph Nwosu, who stepped aside for the Mark-led leadership structure.
Justice Nwite had on April 14 adjourned the matter indefinitely after Gombe requested time to await the Supreme Court’s decision on an appeal filed by Mark.
However, the Supreme Court on April 30 set aside the Court of Appeal order directing parties to maintain the status quo in the ADC leadership dispute, a ruling that had earlier prompted INEC to withdraw recognition of the Mark-led leadership.
The apex court subsequently directed all parties to return to the Federal High Court for accelerated hearing of the matter.
When proceedings resumed on May 8, counsel to Gombe, Luka Haruna, SAN, requested that the case be transferred to another judge, informing the court that a letter had already been written to the Chief Judge to that effect.
The application was strongly opposed by lawyers representing the ADC, David Mark, Aregbesola and Ralph Nwosu.
Counsel to the defendants described the request as an ambush and accused the plaintiff of attempting to frustrate the accelerated hearing ordered by the appellate courts.
They also characterised the move as forum shopping, while maintaining confidence in the integrity and impartiality of Justice Nwite.
The defence team further argued that the application breached established legal procedures because the letter requesting the transfer had not been served on the opposing parties.
Despite the objections, the matter was adjourned indefinitely pending the availability of the certified true copy of the Supreme Court judgment to guide further proceedings.
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The reassignment of the ADC leadership suit is expected to pave the way for the substantive hearing of the politically sensitive dispute involving the party’s current leadership structure ahead of future electoral activities.
