The Federal High Court in Abuja has adjourned indefinitely a legal challenge to the leadership of the African Democratic Congress (ADC) under former Senate President David Mark, following a request by the plaintiff for the case to be transferred to another judge. The suit, marked FHC/ABJ/CS/1819/2025, arose from a leadership dispute within the ADC after David Mark and former Osun State Governor Rauf Aregbesola emerged as key figures in the party’s leadership structure. Justice Emeka Nwite presided over the resumed hearing on Friday and ordered a sine die adjournment, citing the need for proper procedural fairness and administrative direction.
Counsel for the plaintiff, Luka Musa Haruna, informed the court that the Supreme Court had dismissed an interlocutory appeal filed by David Mark on 30 April 2026. The Supreme Court’s decision set aside the Court of Appeal’s earlier order that had stayed proceedings in the matter. Haruna emphasized that the apex court found the appeal lacked merit, reinforcing the validity of the lower court’s original jurisdiction. He also revealed that the plaintiff had written to the Chief Judge of the Federal High Court on May 4, 2026, formally requesting the reassignment of the case to another judge.
The defendants, however, strongly opposed the transfer request, arguing it was a deliberate attempt to delay the case and undermine the accelerated hearing previously ordered by the appellate courts. Counsel for the first defendant, Realwan Okpanachi, stated that the defence had not been formally notified of the application, calling it an “ambush” and a tactic to frustrate justice. Similarly, Sulaiman Usman, counsel for the second defendant, criticized the move as “forum shopping and judge shopping,” suggesting it was designed to manipulate the judicial process.
Justice Nwite acknowledged the concerns raised by the defendants but stressed that the court could not act on the chief judge’s correspondence without hearing all parties involved. He emphasized that any decision on the transfer must uphold the principle of fair hearing, which is fundamental to Nigeria’s judicial system. As a result, the judge adjourned the matter indefinitely, directing that further proceedings would depend on the availability of the Supreme Court’s judgment records and any official directive from the Chief Judge of the Federal High Court.
The case continues to highlight the internal tensions within the ADC, a political party that has seen increasing scrutiny over leadership legitimacy. With the Supreme Court’s ruling now in place and the court awaiting administrative decisions, the outcome of this legal battle could have significant implications for the party’s future direction and governance. The next phase of proceedings will likely determine whether the current leadership structure under David Mark and Rauf Aregbesola remains intact or faces legal reversal.
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