The Federal High Court in Abuja, on Friday, refused to grant an application seeking to stop African Democratic Congress (ADC), led by Sen. David Mark, from holding congress.
Justice Emeka Nwite, in a ruling on the motion ex-parte filed by Nafiu-Bala Gombe, a former Deputy National Chairman of ADC, and moved by his lawyer, Michael Agber, held that the respondents should be put on notice in the interest of justice.
“I have listened to the submission of the learner counsel for the applicant and have also gone through the affidavit evidence with exhibits thereto along with the written address.address.
“It is not in dispute that this honourable court made an order for the defendbats/respondents in this suit to show cause why the interim order restraining them in acting as leaders of the 1st defendant (ADC) should not be made on 4th September, 2025.
“It is not in dispute that the parties have exchanged processes in the said order waiting for hearing of the said application.
“It is also not in dispute that the present application is an off-shoot of the substantive matter of the said application.
“It is not in dispute that all the parties are already before this court.
“Hence, any ex-parte application without a notice to the other parties will be overreaching.
“Hence, the interest of justice will be met by putting the other parties on notice.
“Consequently, the application is refused,” Justice Nwite ruled.
The judge then adjourned the matter until Feb. 3, 2026 for the respondents to show cause.
The News Agency of Nigeria (NAN) reports that Mr Gombe, in the latest motion ex-parte marked: FHC/ABJ/CS/1819/2025, named ADC, Sen. Mark and Ogbeni Rauf Aregbesola as 1st to 3rd defendants/respondents.
The applicant, dated and filed on Dec. 15, also listed the Independent National Electoral Commission (INEC) and Chief Ralph Nwosu as 4th and 5th defendants/respondents respectively
Gombe, in the application filed by Agber, sought three reliefs.
These include “an order of interim injunction restraining the ADC from holding, convoking or summoning any convention, congresses, conferences or meetings for the purposes of electing, approving of or rectifying any person(s) or members whomsoever as members of its executive committees or other governing bodies and political elective positions pending the determination of the motion on notice already filed in this suit.
“An order restraining INEC from attending, monitoring, observing and or recognising any person purported to have been elected, pending the determination of the motion on notice.
“An order of court directing the maintenance of status quo and suspending any of or all actions or processes relating to the management and organisations of the 1st defendant pending the determination of the motion on notice.”
Earlier when the case was called, Agber informed the court that he had a motion ex-parte.
The judge then responded that he recalled that the lawyer moved a similar application sometimes ago which he refused to grant but ordered that the respondents be put on notice.
“Now, is there any difference from this application?” Justice Nwite asked.