A suit seeking to stop former Senate President, Senator David Mark and ex-Minister of Interior, Ogbeni Rauf Aregbesola, from taking control of the African Democratic Congress (ADC) has been adjourned over improper service of court papers.

The case, which came up on Monday before Justice Emeka Nwite of the Federal High Court in Abuja, suffered a setback after it was discovered that proof of personal service on key defendants was missing.

The judge noted that Mark, Aregbesola and Ralph Nwosu, another defendant, were not personally served with court processes.

Michael Agber, counsel to the plaintiff, initially insisted that the defendants had been served but later admitted that the documents were delivered through the ADC secretariat.

Nwite faulted the procedure, stressing that the law requires personal service or an order for substituted service.

He ruled that there was no valid service on the second, third and fifth defendants and adjourned the case to September 30.

The adjournment is to enable the plaintiff to effect proper service.
During proceedings, Agber complied with the court’s directive by serving the Independent National Electoral Commission (INEC) in open court.

Shuaib Eneojoh Aruwa, SAN, representing the ADC, also argued that the party itself had not been properly served.

The suit is challenging the alleged takeover of the ADC by the David Mark-led leadership.

The court is expected to hear the substantive matter after proper service on all defendants.