Hearing in a suit seeking to stop the David Mark-led leadership of the African Democratic Congress (ADC) suffered a setback yesterday at the Federal High Court, Abuja, due to improper service of court papers on key defendants.
Justice Emeka Nwite, who presided over the matter, adjourned the case to September 30 after ruling that Senator Mark, former Interior Minister Rauf Aregbesola, and Chief Ralphs Nwosu were not properly served as required by law.
At the proceedings, counsel to the plaintiff, Michael Agber, initially claimed that all processes and orders had been served on the five defendants.
However, the judge, after reviewing the court’s file, found no proof of service.
The plaintiff’s lawyer later admitted that he served Mark, Aregbesola, and Nwosu through the ADC, but Justice Nwite faulted the method, stressing that the law requires personal service unless a substituted service order is obtained.
Acknowledging the error, Agber sought an adjournment to correct the lapses.
Justice Nwite then ordered that the Independent National Electoral Commission (INEC) be served in open court, which was immediately carried out.
Representing ADC, Senior Advocate of Nigeria (SAN), Shuaib Aruwa, maintained that the party had not been fully served in line with legal requirements.
The suit, marked FHC/ABJ/CS/1819/2025, was filed by former ADC Deputy National Chairman, Nafiu-Bala Gombe, who is challenging the takeover of the party’s leadership by Mark and others.
Gombe had earlier sought an ex parte order restraining them from assuming office, but the court declined, directing instead that the defendants be put on notice.
The case will now continue on September 30, with all parties expected to respond formally.