Court Dismisses Objections to ADC Leadership Suit, Fines Mark and Aregbesola ₦1m

The Federal High Court in Abuja has dismissed objections filed by the National Chairman of the African Democratic Congress (ADC), Senator David Mark, and the party’s National Secretary, Rauf Aregbesola, against an application by party chieftain Nafiu Bala Gombe to amend his suit challenging the party’s leadership.

Justice Peter Odo Lifu, in a ruling delivered on Friday, described the objections as frivolous, baseless and lacking merit, holding that the proposed amendment was a legitimate step aimed at ensuring justice in the case.

The judge ruled that the amendment, prompted by a change of counsel, was a normal procedure in civil litigation and would not prejudice the defendants. He noted that Mark, Aregbesola and the other defendants remained free to file fresh responses to the amended originating summons.

Justice Lifu further held that the defendants had failed to demonstrate how granting the amendment would overreach or jeopardise their defence. Consequently, the court dismissed their objections and awarded costs of ₦500,000 each against Senator David Mark and Rauf Aregbesola, bringing the total fine to ₦1 million, payable to the plaintiff, Nafiu Bala Gombe.

Gombe, a former Deputy National Chairman of the ADC, had approached the court through his counsel, Lukman Fagbemi (SAN), seeking leave to amend the originating summons in his suit challenging the emergence of David Mark and Aregbesola as the party’s national leaders.

He argued that the law permits amendments before judgment is delivered where such changes are necessary to ensure justice. The application was supported by an affidavit outlining the reasons for the proposed amendments.

However, counsel to David Mark, Dr Suleiman Umar (SAN), opposed the application, arguing that the parties had already joined issues and that allowing the amendment would unfairly strengthen the plaintiff’s case after reviewing the defendants’ responses.

Similarly, Aregbesola, through his lawyer, Realwan Okpanachi, contended that the proposed amendment substantially altered the nature of the case by introducing new claims and additional documents. He maintained that the ADC’s National Executive Committee lawfully appointed the new national leadership during its meeting of July 29, 2025, after notifying the Independent National Electoral Commission (INEC) in accordance with the law.

Aregbesola also argued that Gombe sought to replace an unsigned copy of the party’s constitution with a signed version after the defendants challenged the authenticity of the earlier document. He urged the court to reject the amendment, describing it as an abuse of court process and contrary to the Supreme Court’s directive for an accelerated hearing of the matter.

Despite the objections, the court granted Gombe’s application.

In the substantive suit, Gombe is seeking an order restraining David Mark, Aregbesola and others from presenting themselves as the national leaders of the ADC. He argues that their emergence contravened the provisions of the party’s constitution and the Electoral Act.

The suit lists the ADC, Senator David Mark, Rauf Aregbesola, the Independent National Electoral Commission (INEC), and the party’s former National Chairman, Ralph Nwosu, as defendants.