ABUJA: A Federal High Court in Abuja has rejected a motion filed by the Senator David Mark-led leadership of the African Democratic Party (ADC) to fast-track the hearing of a substantive suit filed by party chieftain Nafiu-Bala Gombe.
In a ruling delivered on Tuesday, Justice Emeka Nwite held that the court cannot proceed with the matter while its jurisdiction is being actively challenged by Senator Mark at the Supreme Court. The judge emphasized that continuing the proceedings would be equivalent to "wrestling jurisdiction" with the apex court.
Key Legal Findings
Justice Nwite noted that while the fundamental facts presented by both parties were not in dispute, it was "glaring" that an appeal had been formally entered at the Supreme Court. The court highlighted several critical factors in its decision:
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Jurisdictional Integrity: The judge maintained that any judgment delivered by a court lacking proper jurisdiction would be a "nullity," regardless of its legal merit.
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Supreme Court Precedence: Senator Mark’s motion at the apex court specifically seeks to stay the execution of a March 12 Court of Appeal judgment and to have that judgment voided.
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Interlocutory Status: Justice Nwite dismissed arguments from the defendants' legal team suggesting that an interlocutory appeal should not halt lower court proceedings. He argued that since the Supreme Court's decision could potentially resolve the entire case, the "most honourable" course of action is to await their verdict.
Background and Parties Involved
The suit, marked FHC/ABJ/CS/1819/2025, centers on an internal power struggle within the ADC. Nafiu-Bala Gombe, the plaintiff, is challenging the legitimacy of the current party leadership.
The defendants listed alongside Senator David Mark include:
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The African Democratic Party (ADC)
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Rauf Aregbesola
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Ralph Nwosu
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Independent National Electoral Commission (INEC)
Following the ruling, Justice Nwite concurred with the plaintiff’s counsel that the proper legal procedure is to adjourn the matter indefinitely pending the final determination of the appeal by the Supreme Court.