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The Federal High Court in Abuja has adjourned indefinitely a suit challenging the leadership of the African Democratic Congress (ADC).
The lawsuit, filed by the leader of a faction of the ADC, Nafiu Bala Gombe, against former Senate President Mark, who leads another faction of the party, and other members, was delayed after the court was informed that the plaintiff had applied to reassign the matter to another judge.
“This matter is best adjourned sine die to afford the parties properly file a Certified True Copy of the judgment of the Supreme Court in the interlocutory appeal in the suit, to serve the defendants with the letter addressed to the Honourable Chief Judge, and finally to await further or any directive from the Chief Judge of the Federal High Court,” Justice Nwite said.
The plaintiff is seeking an order restraining the former Senate President, former Osun State governor Rauf Aregbesola and others from parading themselves as leaders of the party.
Bala alleged that their emergence as the party’s leaders violated the party’s constitution and provisions of the Electoral Act.
Punch reported that plaintiff’s counsel, Luka Haruna, told the court that the Supreme Court had dismissed an interlocutory appeal filed by the defendants as lacking merit.
Haruna also noted that the Supreme Court had set aside an earlier order of the Court of Appeal, which had halted proceedings in the substantive suit.
He, however, informed the court that the plaintiff had written to the chief judge requesting reassignment of the case and urged the court to await administrative action on the request.
Justice Nwite held that the court could not take any decision on the letter addressed to the chief judge without hearing from all parties, warning that doing so would violate the principle of fair hearing.
The judge also noted that the trial court lacked jurisdiction to adjudicate it since the correspondence was addressed to the chief judge.
