The Federal High Court in Abuja has declined a request by the leadership of the African Democratic Congress (ADC), led by David Mark, to proceed with hearing all pending motions in an ongoing leadership dispute.
In a ruling delivered on Tuesday, Justice Emeka Nwite held that continuing with the case while its jurisdiction is being challenged at the Supreme Court of Nigeria would be inappropriate.
The suit was filed by Nafiu Bala Gombe, who is contesting the legitimacy of the current party leadership.
Justice Nwite explained that although the facts presented by both parties were largely undisputed, the existence of an appeal before the Supreme Court meant the lower court should step back.
“It will not serve any purpose to proceed when the issue of jurisdiction is already before the apex court,” the judge said, stressing that any decision taken without proper jurisdiction would be null and void.
The court also rejected arguments that the appeal, being interlocutory, should not halt proceedings. According to the judge, the outcome of the appeal could determine the fate of the entire case.
Consequently, the matter was adjourned indefinitely, pending the Supreme Court’s ruling.
Earlier, counsel to Gombe, Lukman Fagbemi, had urged the court to maintain its earlier position of suspending proceedings, noting that the appeal had already been entered at the Supreme Court and hearing scheduled.
However, lawyers representing the ADC, David Mark, and other parties—including Rauf Aregbesola—opposed the request. They argued that the application for a stay of proceedings had been withdrawn at the Supreme Court, leaving no legal barrier to continue the case.
They also cited an earlier ruling by the Court of Appeal directing accelerated hearing of the matter, especially in light of preparations for the 2027 general elections by the Independent National Electoral Commission (INEC).
Despite these arguments, the court maintained that the most appropriate course of action was to await the decision of the Supreme Court.
The case centres on a leadership tussle within the ADC, with Gombe seeking to stop David Mark and Rauf Aregbesola from acting as national chairman and national secretary, respectively, alleging that their emergence violated the party’s constitution and the Electoral Act.
