Hearing of the suit filed by a former Deputy National Chairman of African Democratic Congress, ADC,
Mr Nafiu-Bala Gombe, runs into a hitch on Monday as the plaintiff could not serve court processes on David Mark and others as directed by the court at the last sitting..
Recalled that the trial court judge, Emeka Nwite had at last sitting declined to hear an ex – parte application brought by the plaintiff seeking restraining order. Instead , the judge ordered the plaintiff to put David Mark and others on notice to show cause on why the request should not be granted.
Justice Nwite in the ruling had also ordered plaintiff to put the defendants on notice by serving them the processes he filed along with an order of Court for them to show cause why a further order should not be made barring them from being recognised as chairman and Secretary of the party.
When the matter was mentioned on
Monday, counsel to the plaintiff. Michael Agber told the Cour that all processes and order made by the court had been served on the five defendants involved in the legal battle.
However, Justice Nwite after searching through the court file could not find the proof of service.
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.
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 in person individually.
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.
Having admitted errors in the mode of service of court papers, the plaintiff lawyer sought for adjournment to enable him put his house in order.
Justice Nwite ordered the plaintiff lawyer to serve the court papers on Independent National Electoral Commission, INEC , in the open court and this was complied with.
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.
In the end, Justice Nwite fixed September 30 for hearing of the suit.
A former Deputy National Chairman of ADC, Mr Nafiu-Bala Gombe, had filed the ex-parte application where he sought 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.
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.
In the ex-parte motion dated and filed on September. 2, the plaintiff sought three reliefs.
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 ist defendant (ADC) respectively pending the hearing of the motion on notice.
He also sought an order of interim injunction restraining the 2nd and 3rd defendants 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.
Similarly, he applied for an order restraining the 4th defendant (INEC) from recognising and or dealing with the 2nd and 3rd defendants.
Observers said unfortunately, however this prayer seems to have been overtaken by event as INEC had since accorded recognition to Mark and Aregbesola as chairman and Secretary of ADC respectively in several of its publications even before INEC was served in the open Court on Monday.