Hearing in a suit seeking to stop David Mark-led leadership of the African Democratic Congress (ADC) suffered a setback on Monday at the Federal High Court in Abuja following the failure to serve court papers on David Mark and others as required by law.
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Justice Emeka Nwite billed to adjudicate in the party leadership dispute has, however, fixed September 30 as new date for hearing.
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At Monday's proceedings, counsel to the plaintiff. Michael Agber had claimed that all processes and orders made by the court had been served on the five defendants involved in the legal battle.
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However, Justice Nwite after searching through the court file could not find the proof of service.
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In the drama that ensued, the plaintiff lawyer later claimed that he served David Mark, Rauf Aregbesola and Chief Ralph Nwosu who are 2nd, 3rd and 5th defendants in the suit through the ADC.
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Justice Nwite in response faulted the mode of the service, adding that the law required the plaintiff to serve court papers on Mark, Aregbesola and Nwosu individually.
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The Judge held that there was no proper service yet, adding that for such service to be valid, an order for substituted service must first be obtained from court.
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Having admitted errors in the mode of service of court papers, the plaintiff's lawyer sought for adjournment to enable him put his house in order.
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Justice Nwite ordered the plaintiff lawyer to serve the court papers on Independent National Electoral Commission INEC in the open court and was complied with.
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The ADC, represented by a Senior Advocate of Nigeria SAN, Shuaib Eneojoh Aruwa claimed that the party had not been fully served in compliance with law by the plaintiff.
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In the end, Justice Nwite fixed September 30 for hearing of the suit.
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A former Deputy National Chairman of ADC, Mr Nafiu-Bala Gombe, had filed an ex-parte application where he sought an order of court to restrain David Mark and others from assuming the leadership of the party pending the resolution of his originating summons challenging the decision to take over the party.
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Justice Nwite had in a ruling declined to issue a restraining order and instead ordered the plaintiff to put David Mark and others on notice to show cause on why the request should not be granted.
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Gombe, in the suit marked: FHC/ABJ/CS/1819/2025, had sued ADC, Senator Mark, Aregbesola, Independent National Electoral Commission (INEC) and Chief Ralph Nwosu as 1st to 5th defendants respectively.
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In the ex-parte motion dated and filed on September. 2, the plaintiff sought three reliefs.
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He had sought an order of interim injunction restraining the 4th defendant, INEC, from recognising the 2nd (Mark) and 3rd (Aregbesola) defendants as the national chairman and national secretary of the 1st defendant, ADC, pending the hearing of the motion on notice.
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He also sought an order of interim injunction restraining the 2nd and 3rd defendants and their cohorts from parading themselves as National Chairman and National Secretary of the 1st defendant, pending hearing in the motion on notice already filed and served in this matter.
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Similarly, he applied for an order restraining the 4th defendant (INEC) from recognising and or dealing with the 2nd and 3rd defendants.
