The African Democratic Congress (ADC) has urged the Federal High Court in Abuja to dismiss a suit challenging the leadership of its National Chairman, former Senate President David Mark, and National Secretary, ex-Osun Governor Rauf Aregbesola.
In a preliminary objection filed by its counsel, Shaibu Aruwa, SAN, the party argued that the case falls within ADC’s internal affairs and that the court lacks jurisdiction to entertain it. He further described the action as frivolous and an abuse of judicial process.
Justice Emeka Nwite had earlier declined to grant interim orders restraining Mark and Aregbesola from office, directing instead that the defendants be put on notice.
At Monday’s proceedings, only ADC and the Independent National Electoral Commission (INEC) were represented in court. Mark, Aregbesola and former party chairman Ralph Nwosu, who were also listed as defendants, were absent.
Aruwa faulted the service of processes on the trio through the party, insisting that they must be personally served. Justice Nwite agreed and ordered fresh service.
Both ADC and INEC confirmed they had filed responses to the originating process. The court adjourned the matter until September 30 for hearing.
The suit, filed by former ADC Deputy National Chairman Nafiu-Bala Gombe, seeks to stop INEC from recognising Mark and Aregbesola as party leaders pending determination of the substantive case.
