By Ibrahim Kegbegbe
The Federal High Court in Abuja on Friday adjourned indefinitely the suit filed by an African Democratic Congress (ADC) chieftain, Nafiu Bala Gombe, challenging the party’s leadership under former Senate President, David Mark.
Justice Emeka Nwite ordered the indefinite adjournment after the plaintiff informed the court that an application had been submitted to the Chief Judge of the Federal High Court seeking the transfer of the case to another judge.
The suit, marked FHC/ABJ/CS/1819/2025, has further heightened the leadership crisis within the ADC following the emergence of David Mark and former Osun State governor, Rauf Aregbesola, in the party’s leadership structure.
During proceedings, counsel to the plaintiff, Luka Musa Haruna, informed the court that the Supreme Court had on April 30 dismissed an interlocutory appeal filed by Mark against the ongoing proceedings.
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Haruna stated that the apex court also nullified the Court of Appeal’s earlier order that stayed proceedings in the substantive suit.
According to him, the Supreme Court ruled that the appeal lacked merit.
The plaintiff’s lawyer further disclosed that a letter dated May 4, 2026, had been written to the Chief Judge requesting that the matter be reassigned to another judge.
He urged Justice Nwite to suspend further action pending the administrative decision of the Chief Judge on the request.
However, lawyers representing the defendants opposed the application, accusing the plaintiff of attempting to delay the accelerated hearing earlier ordered by the Court of Appeal and affirmed by the Supreme Court.
Counsel for the first defendant, Realwan Okpanachi, argued that the defence had not been served with any communication regarding the transfer request, describing the move as an ambush.
He maintained that the application appeared to be an attempt to frustrate the accelerated hearing directive already upheld by the Supreme Court.
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Also opposing the request, counsel for the second defendant, Sulaiman Usman, described the move as “forum shopping and judge shopping.”
Usman argued that it was improper for the plaintiff to rely on what he called a private correspondence with the Chief Judge as grounds for asking the court to suspend proceedings.
The Merit Newspaper reports that counsel for the fifth defendant, P.I. Oyewole, equally faulted the request, describing it as unusual and alleging that the plaintiff was inviting the Chief Judge to engage in “judicial rascality.”
Responding to the objections, Haruna insisted that the plaintiff stood by the application for transfer.
In his ruling, Justice Nwite held that the court could not take any decision on the letter without giving all parties the opportunity to be heard.
The judge said taking action on the letter without hearing from the defendants would amount to a violation of their fundamental rights.
Justice Nwite further stated that since the letter was addressed to the Chief Judge, the trial court could not make any pronouncement on the matter.
The judge subsequently adjourned the case sine die to allow parties obtain and file a Certified True Copy of the Supreme Court judgment in the interlocutory appeal, serve the defendants with the letter sent to the Chief Judge, and await further directives from the Chief Judge of the Federal High Court.
Gombe is seeking a court order restraining David Mark, Rauf Aregbesola and others from presenting themselves as leaders of the ADC, arguing that their emergence violated the party’s constitution as well as provisions of the Electoral Act.
