Court adjourns ADC leadership dispute suit over improper service of processes

The federal high court in Abuja has adjourned the African Democratic Congress (ADC) leadership dispute case, citing improper service of court processes. 

Emeka Nwite, the presiding judge, adjourned the suit to September 30.

THE CASE

Recently, Nafiu-Bala Gombe, a former ADC deputy national chairman, through his lawyer, Michael Agber, filed an ex-parte motion seeking to restrain the party’s national leadership.

Respondents in the suit are ADC, David Mark, Rauf Aregesola, the Independent National Electoral Commission (INEC), and Ralph Nwosu, former national chairman of the party.

On September 4, Nwite refused to grant the application but directed that the plaintiff—Gombe—put all the respondents on notice to show cause why the motion should not be granted.

The court adjourned the matter to September 15 for the defendants to show cause.

MONDAY’S COURT PROCEEDINGS

At the resumption of hearing on Monday, only ADC and INEC were represented in court, as Mark, Aregbesola and Nwosu were neither in court nor represented by lawyers.

Agber told the court that the matter was slated for the defendants to show cause why Gombe’s prayers should not be granted.

He added parties had been served with all the processes, including the originating motion.

Gombe’s counsel said Mark, Aregbesola and Nwosu were all served through the first defendant (ADC), adding that he had received the process of the opposition party and would need time to respond.

However, Shaibu Aruwa, counsel to the ADC, faulted the manner in which Mark, Aregbesola and Nwosu were jointly served through the party.

“The law is settled, my lord. Except the court directed that the defendants be jointly served; the processes had not been properly served,” he said.

The judge agreed with Aruwa’s submission, noting that the permission of the court must be sought before effecting the service in the manner it was done.

Nwite ordered Agber to ensure that the defendants were personally served.

Aruwa told the court that a memorandum of conditional appearance, an affidavit to show cause and a written address had been filed.

Kingsley Magbuin, who appeared for INEC, acknowledged the receipt of the plaintiff’s originating process, noting that an affidavit had also been filed to show cause.

He said that the commission was yet to be served with the plaintiff’s motion on notice, and the judge directed that Magbuin be served in the open court by Agber.

PRELIMINARY OBJECTION 

In a preliminary objection, Aruwa said the court lacks the jurisdiction to hear the case on the ADC national leadership tussle.

Aruwa told the court that the suit is premised on the internal affairs of the ADC, noting that it was filed in bad faith.

The ADC counsel said the suit is an “abuse of the processes of this honourable court”.