The Federal High Court in Abuja scheduled a hearing for 14 April on a suit filed by Mr Nafiu‑Bala Gombe that seeks to prevent the African Democratic Congress (ADC) – led by Senator David Mark – from presenting itself as the party’s legitimate leadership.
Justice Emeka Nwite set the date after issuing hearing notices to all parties named in the case, which is recorded as FHC/ABJ/CS/1819/2025. The plaintiff has sued the ADC, Senator Mark, former governor Ogbeni Rauf Aregbesola, the Independent National Electoral Commission (INEC) and former ADC national chairman Chief Ralph Nwosu, naming them respectively as first to fifth defendants.
Procedural background and court orders
At the previous hearing, Justice Nwite adjourned the matter sine die, awaiting the Court of Appeal’s decision on an earlier appeal against a lower‑court order. The appellate court, in a judgment delivered on 12 March, directed the parties to return to the trial court and to maintain the status quo ante bellum pending a full hearing of the substantive suit.
Following the appellate ruling, INEC removed Senator Mark’s and Mr Aregbesola’s names from its official portal on 1 April, no longer listing them as ADC national chairman and national secretary. The Mark‑led faction responded on 7 April with a motion filed by Senior Advocate of Nigeria Sulaiman Usman, requesting that the commission restore the names and that the trial court schedule an accelerated hearing.
Defendants’ objections and claims of jurisdiction
Both Senator Mark and Mr Aregbesola have urged the court to dismiss the suit “in limine” on the basis that it lacks jurisdiction. In a preliminary objection filed on 7 April, Mr Usman argued that Mr Gombe no longer possessed standing, having voluntarily resigned as ADC deputy national chairman. He asserted that the suit rests on falsehoods and the suppression of material facts concerning the plaintiff’s resignation.
Senator Mark contended that the dispute concerns internal party affairs, which are non‑justiciable, and that the plaintiff has offered no reasonable cause of action. He stated, “This honourable court lacks jurisdiction to entertain this suit. The suit constitutes a gross abuse of court process.”
Mr Aregbesola, through a counter‑affidavit prepared by counsel Anthonia Nwafor of M.E. Sheriff & Co, echoed the call for dismissal. He explained that Mr Gombe resigned from the National Executive Committee to facilitate coalition building and restructuring, and that the party duly notified INEC of the resignation in accordance with its rules. He further described the suit as unmeritorious and sought ₦50 million in costs for the inconvenience of defending the action.
Chief Ralph Nwosu, represented by lawyer P.I. Oyewole, also filed a preliminary objection on 7 April, arguing that the case was premature because Mr Gombe had failed to exhaust the ADC’s internal dispute‑resolution mechanisms before resorting to litigation.
Implications for ADC’s leadership and upcoming hearing
The scheduled 14 April hearing is set to address whether the ADC’s current leadership can lawfully represent the party while the internal dispute remains unresolved. The outcome may determine whether INEC reinstates the names of Senator Mark and Mr Aregbesola on its portal, a step that could influence the party’s participation in forthcoming elections.
Legal analysts note that the court’s decision on jurisdiction will be pivotal. A dismissal on jurisdictional grounds could reinforce the principle that political party affairs are to be settled internally, whereas a ruling that the suit proceeds may compel the ADC to clarify its leadership structure under electoral law.
The Federal High Court is expected to hear oral arguments from both sides on 14 April, after which it will issue a determination on the admissibility of the suit and any interim orders concerning the status of ADC’s leadership listings with INEC.
