The African Democratic Congress (ADC) asked Abuja’s High Federal Court to reject the cause in search of the removal of Senator David Mark and the former Gov. Rauf Aregbesola as national president and national secretary.
The ADC, in a preliminary objection presented by Shaibu Aruwa, San, argued that the High Federal Court of Abuja, chaired by justice Emeka Nwite, does not have the jurisdiction to listen to the case.
The lawyer, while giving two reasons why the case should be rejected, argued that the cause of the action delimited to the internal affairs of the ADC, a registered political party.
He also claimed that the cause was presented in bad faith “and is an abuse of the trials of this honorable court”.
Freedomonline reports that judge Nwite had, on September 4, refused to grant a question that tried to stop the leadership led by the Adc, pending the audit of the substantial cause.
The judge had refused the three prayers sought in the former part presented by Mr. Nafiu-Bala Gombe, a former National Vice President of the ADC, and transferred by his lawyer, Michael Agber.
Rather, judge Nwite had directed Mr. Gombe, the actor in question, to consider all the defendants to show that the motion should not be granted.
The judge then updated the matter until 15 September so that the defendants show the case.
Gombe, in the marked case: FHC/Abj/CS/1819/2025, had sued the ADC, Mark, Aregbesola, the Independent National Electoral Commission (INC) and the Cape Ralph Nwosu respectively as 1st to the 5th accused.
When the question was called Monday, only ADC and the independent national electoral commission (INC) were represented in court.
Mark, Aregbesola and Nwosu were neither in court nor represented by lawyers.
Agber then informed the Court that the question was foreseen for the defendants to demonstrate why the prayers of Gombe should not be granted ..
He said the parties had been served with all the processes, including the movement of origin.
Mark, Aregbesola and Nwosu were all served through the 1st accused (ADC).
The lawyer said he received processes from the 1st defendant (ADC) in the morning and would need time to answer.
Aruwa, who appeared for the ADC, however, criticized the way Mark, Aregbesola and Nwosu were served
“The law is resolved my Lord. Except that the Court directed that the defendants were served jointly, the trials had not been adequately served,” he said.
Judge Nwite, who said that the Court’s permission had to be requested before carrying out the service in the way he was done, ordered Agber to make sure that the defendants were served personally.
Aruwa then told the Court that a conditional appearance memorandum had been presented, entrusted to show the course and a written address, including a preliminary objection.
He said all the processes were deposited on September 12th.
Kingsley Magbuin, who appeared for Iner, recognized the reception of the actor’s process of origin and who had also submitted a sworn declaration to show the cause.
However, he said that the commission had not yet been served with the motion of the plaintiff and the judge directed that Magbuin had served in court open by Agber.
As a result, judge Nwite updated the matter until 30 September for hearing.
Freedomonline reports that while the former president of the Senate, Mark, is the current national president of the ADC, Aregbesola is the national secretary of the party.
Gombe, in the former motorcycle dated dated and archived on September 2, had sought three reliefs.
Gombe has sought a provisional injunction order that prevents the fourth defendant (Iner) from recognizing the 2nd (Marco) and the 3rd (Aregbesola) attributed as national president and national secretary of the accused Ist (ADC) pending the hearing of the motion on the notice. “
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