The Federal High Court in Abuja on Friday adjourned indefinitely a suit challenging the leadership of the African Democratic Congress (ADC), following a request by the plaintiff for the transfer of the case to another judge.
Justice Emeka Nwite adjourned the matter sine die after disagreement among parties over a letter written by the plaintiff, ADC chieftain Nafiu Bala Gombe, to the Chief Judge of the Federal High Court seeking the reassignment of the suit marked FHC/ABJ/CS/1819/2025.
The suit seeks to prohibit the leadership of former Senate President David Mark and former Osun State Governor Rauf Aregbesola in the ADC.
The case had earlier been stalled after the second defendant, David Mark, filed an interlocutory appeal that eventually reached the Supreme Court.
At Friday’s proceedings, counsel to the plaintiff, Luka Musa Haruna, informed the court that the Supreme Court had delivered judgment in the appeal on April 30, 2026.
According to him, the apex court dismissed the appeal for lacking merit and also set aside the Court of Appeal’s order staying proceedings in the substantive suit.
“The interlocutory appeal of the 2nd defendant has traveled to the Supreme Court. My Lord, we are glad to inform this honorable court that on the 30th day of April 2026, the Supreme Court delivered its judgment on the interlocutory appeal dismissing the said appeal for lacking in merit,” Haruna said.
The lawyer, however, disclosed that the plaintiff had also written a letter dated May 4, 2026, to the chief judge of the Federal High Court requesting the transfer of the matter to another judge.
He urged Justice Nwite to await the administrative decision of the chief judge on the request.
“At this juncture, we must humbly pray to your Lordship to wait for the administrative decision of the Chief Judge of the Federal High Court,” he said.
The application was strongly opposed by the defense team, which accused the plaintiff of attempting to frustrate the accelerated hearing earlier ordered by the Court of Appeal and upheld by the Supreme Court.
Counsel to the first defendant, Realwan Okpanachi, who represented S.E. Aruwa, argued that the plaintiff misrepresented the Supreme Court judgment, insisting that the apex court upheld the order for accelerated hearing of the case.
Okpanachi further faulted the plaintiff for allegedly ambushing the defendants with the transfer request.
“We have not received any communication regarding that application. My Lord, so as it is, we don’t know the form or the content of that application. Therefore, we take the approach of the plaintiff as an ambush,” he said.
He added that the move was an attempt to frustrate the accelerated hearing ordered by the appellate courts.
Counsel to the second defendant, Sulaiman Usman, also condemned the application, describing it as “forum shopping and judge shopping.”
Usman told the court that the Supreme Court had commended Justice Nwite over his handling of the case.
“So, my Lord, for the plaintiffs to come back to this court and to inform us today that they have written a private correspondence to the Honourable Chief Judge and to hinge that to make a request for this court to await the outcome of that private correspondence is not only unfortunate, my Lord, but a dangerous trend that must not be allowed to stand,” he argued.
Other defense lawyers, including M.E. Sherriff and P.I. Oyewole, aligned themselves with the submissions, describing the application as improper and legally strange.
Responding, Haruna insisted that the plaintiff stood by the application and faulted the defense for attacking a letter they had not seen.
In his ruling, Justice Nwite held that the court could not take any action on the letter without hearing all parties involved.
“Taking a decision or any action in such a letter without hearing from the defendants will amount to a breach of their fundamental right in this suit,” the judge ruled.
He further stated that since the letter was addressed to the chief judge, the trial court could not make any pronouncement on it.
“This matter is best adjourned sine die to afford the parties time to 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 Honorable Chief Judge, and finally to await further or any directive from the Chief Judge of the Federal High Court,” Justice Nwite said.
The matter was subsequently adjourned indefinitely.
