Court Orders Accelerated Hearing in Suit Challenging David Mark’s ADC Leadership

A Federal High Court in Abuja has ordered an accelerated hearing in the suit challenging the leadership of the African Democratic Congress (ADC) led by former Senate President, David Mark.

Justice Peter Lifu issued the directive on Wednesday and fixed June 8 for the hearing of all pending applications in the matter.

The judge also ordered all parties to file and exchange their processes within 48 hours, while the court bailiff was directed to serve hearing notices on individuals seeking to join the case as interested parties within 24 hours.

The development follows a Supreme Court judgment delivered last month, which returned the case to the trial court for expedited hearing after dismissing an appeal filed by Mark against an interlocutory order of the Court of Appeal directing parties to maintain the status quo ante bellum.

Proceedings in the case had earlier stalled on May 8 after the plaintiff, Nafiu Bala Gombe, requested that the matter be reassigned from the former trial judge, Justice Emeka Nwite.

Before then, Justice Nwite had adjourned the case indefinitely pending the receipt of the Certified True Copy of the Supreme Court judgment and a decision by the Chief Judge of the Federal High Court, Justice John Tsoho, on the plaintiff’s application for transfer.

Following Justice Nwite’s recommendation by the National Judicial Council for appointment to the Court of Appeal, the case was reassigned to Justice Lifu.

At Wednesday’s proceedings, counsel to the plaintiff, Robert Emukporo (SAN), urged the court to grant a short adjournment while drawing attention to the Supreme Court’s directive for an accelerated hearing of all pending applications. He noted that the order remains valid as no appeal has been filed against it.

With no objection from the respondents’ legal team, the court granted the request and scheduled the matter for June 8.

Gombe had approached the court seeking an order restraining Mark and his leadership team from acting as officials of the ADC pending the determination of the substantive suit. He also asked the court to stop the Independent National Electoral Commission (INEC) from recognising the leadership.

In an earlier ruling, Justice Nwite directed the plaintiff to place the defendants on notice and ordered them to appear before the court to show cause why the requested reliefs should not be granted.

Instead of responding before the trial court, the defendants challenged the court’s jurisdiction at the Court of Appeal, arguing that the matter concerned the internal affairs of the party.

The appellate court dismissed the appeal for lacking merit, ordered an accelerated hearing of the suit and directed all parties to maintain the status quo ante bellum.

Mark subsequently appealed to the Supreme Court seeking to overturn the order, but the apex court dismissed the appeal and returned the case to the trial court for speedy determination.

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