The Federal High Court in Abuja, on Friday, refused to grant an application seeking to stop African Democratic Congress (ADC), led by Sen. David Mark, from holding congress.
Justice Emeka Nwite, in a ruling on the motion ex-parte filed by Nafiu-Bala Gombe, a former Deputy National Chairman of ADC, and moved by his lawyer, Michael Agber, held that the respondents should be put on notice in the interest of justice.
“I have listened to the submission of the learner counsel for the applicant and have also gone through the affidavit evidence with exhibits thereto along with the written address.
“It is not in dispute that this honourable court made an order for the defendbats/respondents in this suit to show cause why the interim order restraining them in acting as leaders of the 1st defendant (ADC) should not be made on 4th September, 2025.
“It is not in dispute that the parties have exchanged processes in the said order waiting for hearing of the said application.
“It is also not in dispute that the present application is an off-shoot of the substantive matter of the said application.
“It is not in dispute that all the parties are already before this court.
“Hence, any ex-parte application without a notice to the other parties will be overreaching.
“Hence, the interest of justice will be met by putting the other parties on notice.
“Consequently, the application is refused,” Justice Nwite ruled.
The judge then adjourned the matter until Feb. 3, 2026 for the respondents to show cause.
The News Agency of Nigeria (NAN) reports that Mr Gombe, in the latest motion ex-parte marked: FHC/ABJ/CS/1819/2025, named ADC, Sen. Mark and Ogbeni Rauf Aregbesola as 1st to 3rd defendants/respondents.
The applicant, dated and filed on Dec. 15, also listed the Independent National Electoral Commission (INEC) and Chief Ralph Nwosu as 4th and 5th defendants/respondents respectively.
Gombe, in the application filed by Agber, sought three reliefs.
These include “an order of interim injunction restraining the ADC from holding, convoking or summoning any convention, congresses, conferences or meetings for the purposes of electing, approving of or rectifying any person(s) or members whomsoever as members of its executive committees or other governing bodies and political elective positions pending the determination of the motion on notice already filed in this suit.
“An order restraining INEC from attending, monitoring, observing and or recognising any person purported to have been elected, pending the determination of the motion on notice.
“An order of court directing the maintenance of status quo and suspending any of or all actions or processes relating to the management and organisations of the 1st defendant pending the determination of the motion on notice.”
Earlier when the case was called, Agber informed the court that he had a motion ex-parte.
The judge then responded that he recalled that the lawyer moved a similar application sometimes ago which he refused to grant but ordered that the respondents be put on notice.
“Now, is there any difference from this application?” Justice Nwite asked.
Agber said the instant motion ex-parte had different prayers.
He said it was basically to restrain ADC and INEC from taking certain steps which might affect the suit already before the court.
“Now, the case is already before me and if any person does something untoward, such action will be null and void.
“This application ought not to come by way of ex-parte because already, the parties are already before the court.
“So I am just telling you my mind,” the judge said.
According to the judge, I cannot make an order in the absence of the party as justice is tripartite.
“You can not shave somebody’s head in his absence,” Justice Nwite said, but the lawyer prayed the court to allow the motion to be moved.
Moving the motion, Agber said the motion was brought pursuant to Order 26, Rule 6 of the FHC (Civil Procedure) Rules, 2019, Sections 82 and 83 of the Electoral Act, 2022 and under the inherent jurisdiction of the court.
According to him, the motion ex-parte is supported by affidavit of urgency of 26 paragraphs deposed to by the applicant himself with four exhibits.
The lawyer said they had also applied to the chief judge for the matter to be heard during vacation.
He urged the court to grant their prayers.
In the affidavit of urgency attached to the motion, Gombe averred that despite the pendency of the substantive suit, ADC with the full acquiescence of INEC had been holding series of meetings and serious consultations across the country for the purposes of holding conferences, congresses, meetings and conventions.
He said they had been “stepping up illegal activities towards the elections of 2027 and other political activities under the illegal leadership of Senator David Mark and others.”
Gombe alleged that in Nov. 17, Nsowu, with his associates and the coalition’s members, unveiled an alleged new national headquarters of ADC to create confusion among the ranks and files of the party.
He said o Nov. 19 at a widely publicised function, covered by the media, Aregbesola just joined the party and received his membership card from the purported leaders of ADC whose leadership is being challenged and questioned before this honourable court.
He said on Nov. 24, the former Vice President of Nigeria, Alhaji Atiku Abubakar was also issued a membership card from the illegal leadership of ADC led by Sen. Mark and his associates.
Besides, Gombe stated that on Nov. 27, the purportedly self-appointed and illegal National Working Committee (NWC) made several key positions among others.
He said the NWC approved transition guidelines aimed at altering the existing party’s structures.
The ex-national deputy chairman said the NWC also directed disputed state executives to conduct special congresses at various levels, wards, local governments and states.
He said on Nov. 28, the former Governor of Kaduna State, Mallam Nasir El-Rufai, received his party membership card from the disputed, challenged and illegal ADC’s purported party leaders.
He said on Dec. 3, Sen. Mark, who was not a registered member of ADC, but a coalition member and still a member of the Peoples’ Democratic Party (PDP), released the ADC’s time table and guidelines for the Osun Governorship Primary elections in contempt of the order made on Sept. 4 by the court.
Gombe, who undertook to pay damages in the event the injunction granted ought not to be made, said he deposed to the affidavit in good faith.
NAN earlier reported that Justice Nwite had, on Sept. 4, refused to grant the motion ex-parte filed by Gombe seeking an interim order stopping David Mark-led leadership of the ADC.
Rather, the judge directed Gombe to put all the defendants on notice to show cause why the motion should not be granted.
