Court Sets June 8 Hearing In Suit Challenging David Mark’s ADC Leadership

A Federal High Court orders accelerated proceedings and fixes June 8 to hear applications in the ADC leadership case.

A Federal High Court, Abuja, has ordered accelerated hearing in the suit challenging the Senator David Mark-led leadership of the African Democratic Congress (ADC).

Justice Peter Lifu, who made the order in a short ruling, on Wednesday, fixed Monday, June 8, for hearing in all pending applications before the court.

The court also ordered all parties to exchange their processes within 48 hours, while the court’s bailiff was directed to serve hearing notices to all persons seeking to be joined as interested party within 24 hours.

The Supreme Court had in a judgement last month, ordered the return of the suit to the trial court for accelerated hearing, after dismissing the appeal filed by the National Chairman of the ADC, Senator David Mark, challenging the interlocutory order of the Court of Appeal, which had ordered parties in the suit to maintain status quo ante bellum.

However, the trial could not go on at the last proceedings of May 8, due to request by the plaintiff, Nafiu Bala Gombe, for a transfer of the case from the former judge, Justice Emeka Nwite.

Besides, the former judge had adjourned the suit indefinitely, pending the submission of the Certified True Copy (CTC) of the judgement of the Supreme Court as well as the decision of the Federal High Court Chief Judge (CJ), Justice John Tsoho, on the letter of the plaintiff seeking the transfer of the case to another judge.

But following the recommendation by the National Judicial Council (NJC), for the appointment of Nwite as a Justice of the Court of Appeal, the matter was reassigned to Justice Lifu.

At Wednesday’s proceedings, plaintiff’s counsel, Mr Robert Emukpero, SAN, who prayed the court for a short adjournment, drew the court’s attention to the Supreme Court’s order which directed expeditious trial of all pending processes, adding that the order subsisted since there was no appeal against the order.

Since the request was not objected by the counsel representing the respondents, the judge granted it and fixed June 8, for accelerated.

The plaintiff, Bala Gombe had approached the court for an order restraining the Mark leadership from parading itself as leaders of the ADC pending the hearing and determination of his suit challenging their leadership.

He had also asked the court to issue another order against the Independent National Electoral Commission (INEC), restraining it from recognizing the Mark leadership.

But in his ruling in the interlocutory application, Nwite ordered Gombe to put the defendants on notice so that they appear before the court to show cause, why the application should not be granted.

Rather than appearing before the trial court to show cause, the defendant appealed to the Abuja division of the Court of Appeal, challenging the jurisdiction of the trial court to dabble into the matter they described as internal matters of the ADC.

The appellate court in dismissing the appeal for lacking in merit, ordered accelerated hearing in the suit and further ordered all parties to maintain status quo ante bellum.

Dissatisfied, Mark approached the Supreme Court for an order setting aside the status quo ante bellum order but, his appeal was dismissed and the matter returned to the trial court for accelerated trial.