(DDM) – The legal bid to stop former Senate President David Mark and ex-Osun State Governor Rauf Aregbesola from assuming leadership of the African Democratic Congress (ADC) has suffered a setback in Abuja.
Diaspora Digital Media (DDM) gathered that the case, scheduled for hearing on Monday at the Federal High Court, was stalled due to improper service of court papers on the defendants.
Justice Emeka Nwite, presiding over the matter, ruled that the plaintiff failed to comply with legal requirements on serving processes.
The suit, filed by former ADC Deputy National Chairman Nafiu-Bala Gombe, seeks to restrain David Mark, Aregbesola, and Chief Ralph Nwosu from assuming control of the party.
The plaintiff alleged that the takeover of the party’s leadership was unlawful and urged the court to intervene pending the determination of his substantive summons.
During Monday’s proceedings, counsel to the plaintiff, Michael Agber, insisted that he had served all processes and orders of the court on the five defendants.
However, Justice Nwite, after carefully reviewing the court file, found no proof of service.
The development sparked drama as the plaintiff’s lawyer attempted to explain that service had been carried out through the party headquarters rather than directly on the individuals.
Agber argued that David Mark, Aregbesola, and Nwosu were served through the ADC, but the judge dismissed the claim.
Justice Nwite ruled that Nigerian law demands personal service on each defendant unless a substituted service order is granted.
The judge emphasized that no such order had been obtained, making the service invalid in law.
Acknowledging the error, the plaintiff’s lawyer sought an adjournment to rectify the service issues.
The judge subsequently directed that the Independent National Electoral Commission (INEC), also a party to the suit, be served in open court.
Counsel for the ADC, Senior Advocate of Nigeria (SAN) Shuaib Eneojoh Aruwa, also challenged the plaintiff’s claims, insisting that the party had not been properly served in line with legal procedure.
At the end of the session, Justice Nwite adjourned the case to September 30 for proper hearing.
The dispute highlights growing tension within the ADC, which has faced internal battles over control since its last national convention.
David Mark, who served as Nigeria’s Senate President from 2007 to 2015, was recently announced as leader of the party’s new caretaker committee.
Rauf Aregbesola, former Osun State governor and ex-Minister of Interior, was also listed among the new leadership structure.
Chief Ralph Nwosu, the party’s long-standing National Chairman, is equally caught in the dispute as factions within the ADC struggle for dominance.
Party insiders say the leadership tussle could determine the ADC’s future ahead of the 2027 general elections.
For now, the courtroom battle continues, with all eyes set on September 30 when Justice Nwite will hear arguments on the matter.
