By Atoyebi Nike
The Federal High Court in Abuja on Monday adjourned hearing in a suit challenging the David Mark-led leadership of the African Democratic Congress (ADC) due to improper service of court papers.
Justice Emeka Nwite, who presided over the matter, ruled that the plaintiff failed to serve Senator David Mark, former Interior Minister Rauf Aregbesola, and Chief Ralph Nwosu individually as required by law. He explained that substituted service would require a fresh court order.
Earlier, plaintiff’s counsel Michael Agber claimed all five defendants had been served, but Justice Nwite, after checking the court file, found no proof of service. Agber later admitted errors and asked for time to correct them.
During proceedings, Justice Nwite ordered that the Independent National Electoral Commission (INEC) be served in open court, which was done immediately. ADC’s counsel, Shuaib Eneojoh Aruwa (SAN), insisted the party itself had not been properly served.
The case, filed by former ADC Deputy National Chairman Nafiu-Bala Gombe, seeks to stop Mark and Aregbesola from assuming leadership of the party. In an earlier ruling, Justice Nwite declined to grant an interim restraining order but directed that the defendants be put on notice.
The matter has been rescheduled for September 30.
