The Federal High Court in Abuja on Monday stalled proceedings in a suit seeking to restrain former Senate President David Mark and ex-Interior Minister Rauf Aregbesola from assuming leadership roles in the African Democratic Congress (ADC).
The case, filed by former ADC Deputy National Chairman Nafiu-Bala Gombe, could not proceed after the court found that the defendants had not been properly served.
Presiding judge, Justice Emeka Nwite, ruled that the plaintiff’s counsel, Michael Agber, failed to comply with legal requirements for service. Although Agber initially argued that processes had been served on all five defendants, including Mark, Aregbesola and Chief Ralph Nwosu, he later admitted they were served through the ADC rather than individually.
Justice Nwite faulted the approach, stressing that each defendant must be served directly unless an order for substituted service is obtained. The judge held that there was therefore no valid service before the court.
Following the admission of error, Agber requested an adjournment to regularise the processes. Justice Nwite granted the request and ordered that the Independent National Electoral Commission (INEC), a party to the suit, be served in open court.
Counsel to the ADC, Shuaib Eneojoh Aruwa (SAN), also maintained that the party had not been fully served in line with legal procedure.
The court subsequently fixed September 30 for hearing of the matter.
Gombe had earlier filed an ex-parte application seeking an interim order to restrain Mark and others from assuming leadership of the ADC, pending determination of his substantive suit challenging the takeover of the party.
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