By Correspondent in Abuja.
(C) Google.
The Federal High Court in Abuja, on Friday, declined to grant an application seeking to stop the African Democratic Congress (ADC), led by Sen. David Mark, from holding its congress.
Justice Emeka Nwite, ruling on a motion ex-parte filed by Nafiu Bala Gombe, a former Deputy National Chairman of the ADC, held that the respondents must be put on notice in the interest of justice.
“I have listened to the submissions of learned counsel for the applicant and carefully considered the affidavit evidence, exhibits and written address,” the judge said.
Justice Nwite noted that the court had earlier, on Sept. 4, 2025, ordered the defendants/respondents to show cause why an interim order restraining them from acting as leaders of the ADC should not be made.
He observed that parties had since exchanged processes and were awaiting the hearing of that application.
“The present application is an offshoot of the substantive matter. All parties are already before the court. Any ex-parte application without notice to the other parties will amount to overreaching,” he held.
“The interest of justice will be met by putting the other parties on notice. Consequently, the application is refused.”
The judge adjourned the matter until Feb. 3, 2026, for the respondents to show cause.
The our reports that the motion ex-parte, marked FHC/ABJ/CS/1819/2025, listed the ADC, Sen. David Mark and Ogbeni Rauf Aregbesola as first to third defendants/respondents.
The Independent National Electoral Commission (INEC) and Chief Ralph Nwosu were also joined as fourth and fifth defendants/respondents respectively. The application was dated and filed on Dec. 15, 2025.
Gombe sought three reliefs, including an interim injunction restraining the ADC from holding any convention, congress, conference or meeting for the purpose of electing or ratifying members of its executive committees or other governing bodies, pending the determination of a motion on notice.
He also asked the court to restrain INEC from monitoring or recognising any persons purportedly elected during such activities, and to order the maintenance of the status quo in the management and organisation of the party.
Earlier, when the matter was called, the counsel to the applicant, Michael Agber, informed the court that he had a motion ex-parte.
Justice Nwite recalled that a similar application had earlier been refused, with a directive that the respondents be put on notice.
“Is there any difference between this application and the earlier one?” the judge asked.
Agber replied that the instant application contained different prayers, aimed at restraining the ADC and INEC from taking steps that could affect the suit.
Responding, Justice Nwite said that since the case was already before the court, any action taken in disregard of the proceedings would be null and void.
“This application ought not to come by way of ex-parte because the parties are already before the court. Justice is tripartite. You cannot shave somebody’s head in his absence,” the judge said.
Although Agber urged the court to allow him move the motion, Justice Nwite declined.
Agber had argued that the application was brought pursuant to Order 26 Rule 6 of the Federal High Court (Civil Procedure) Rules, 2019, Sections 82 and 83 of the Electoral Act, 2022, and under the court’s inherent jurisdiction.
He said the motion was supported by a 26-paragraph affidavit of urgency deposed to by the applicant, with four exhibits attached, and that an application had also been made for the matter to be heard during the court’s vacation.
In the affidavit, Gombe alleged that despite the pendency of the substantive suit, the ADC, with the acquiescence of INEC, had continued to hold meetings and consultations nationwide toward holding congresses and conventions.
He claimed that the party’s leadership under Sen. Mark was illegal, adding that it had engaged in activities aimed at the 2027 elections in defiance of court orders.
Gombe further alleged that a new national headquarters of the ADC was unveiled on Nov. 17, pointing out that prominent politicians, including Ogbeni Rauf Aregbesola, former Vice President Atiku Abubakar and former Kaduna State Governor Nasir El-Rufai, were issued membership cards by the disputed leadership.
He also alleged that the purported National Working Committee approved transition guidelines altering the party’s structures and directed disputed state executives to conduct special congresses.
Gombe undertook to pay damages should it be found that the injunction sought ought not to have been granted.
Our correspondent recalls that Justice Nwite had, on Sept. 4, refused a similar motion ex-parte by Gombe and ordered that all defendants be put on notice to show cause why the reliefs sought should not be granted.
Edited by Dada Ahmed.
