Court adjourns ADC leadership suit to June 8

The Federal High Court has adjourned further hearing in the suit challenging the leadership of the African Democratic Congress (ADC) after recording the absence of the Independent National Electoral Commission (INEC) and several parties seeking to join the case, stressing that all procedural requirements on service must be fulfilled before substantive hearing can commence.

The suit was instituted by Nafiu-Bala Gombe, a former Deputy National Chairman of the ADC, who is challenging the legality of former Senate President David Mark leadership structure.

At the resumed hearing on the matter, the court noted that only INEC and the parties seeking joinder were absent from proceedings, although it was confirmed that INEC had been duly served with hearing notices, while those seeking to be joined had not yet been served.

Following this development, counsel to the plaintiff, Robert Emukpoeruo (SAN), sought an adjournment, explaining that more time was needed to ensure proper filing and service of all pending processes, particularly in respect of the absent parties.

In response, counsel to the ADC, Shaibu Aruwa (SAN), urged the court to allow the interested parties an opportunity to be heard on why they should be joined in the suit, noting that issues concerning them had already arisen in earlier proceedings before the former trial judge, Justice Emeka Nwite.

However, Emukpoeruo maintained that while the Court of Appeal and the Supreme Court had directed that the matter be heard expeditiously, an adjournment remained necessary to ensure compliance with procedural requirements and fair hearing through proper service and exchange of processes.

Meanwhile, lawyers representing David Mark, former Osun State Governor Rauf Aregbesola, and former ADC National Chairman Ralph Nwosu did not oppose the application for adjournment.

In his ruling, Justice Peter Lifu held that litigants do not have the right to choose the judge who hears their case, adding that since the matter had been assigned by the Chief Judge and was already guided by the apex court’s directive, the court was duty-bound to ensure that justice is done.

The judge further accepted responsibility for the failure to serve hearing notices on the parties seeking joinder and ordered the court bailiff to effect service within 24 hours, while also directing all parties to file and exchange their processes before the next adjourned date.