ADC crisis: Court rejects Mark-led leadership plea, adjourns Nafiu-Bala Gombe’s case

The Federal High Court in Abuja on Tuesday declined to grant an application by Sen. David Mark-led leadership of the African Democratic Party (ADC), seeking the hearing of all pending motions, including the substantive case, in Nafiu-Bala Gombe’s suit.

Justice Emeka Nwite, in a ruling on Gombe’s request to adjourn the case indefinitely to await the Supreme Court’s judgment in the appeal filed by Mark, held that proceeding with the matter when the jurisdiction of the court is being challenged would amount to wrestling jurisdiction with the apex court.

Justice Nwite said that though the facts of the case as stated by both parties were not in dispute, he, however, held that “the facts are glearing that an appealed had been entered” at the apex court.

The judge also cited reliefs two and three in the motion on notice filed by Mark before the apex Court where he sought an order staying execution of the judgment of the Apeal Court and striking out the appellate court judgment delivered on March 12.

“It is trite law that where a court lacks jurisdiction to entertain a suit, no matter how beautiful the judgment is delivered, it will be a nullity,” he said, citing a previous Supreme Court decision.

“I am of the view and I so hold that it will not serve any purpose if the jurisdiction of this court is being challenged at Supreme Court and the court cannot await the Supreme Court decision”, the judge held.

The judge also disagreed with the defence counsel’s argument that since their case at the apex court is an interlocutory appeal, such cannot operate to mean a stay of proceedings before the lower court.

“The interlocutory appeal may likely dispense the case before this court. So the most honourable thing to do is to await the decision of the Supreme Court,” he added.

The judge observed that though the defence argued that the Appeal Court already made an order for accelerated hearing, he said justaposing this with their relief that the order should be vacated, showed that the defendants are approbating and reprobating at the same time.

He, therefore, held that justice would be met by awaiting the judgment of the apex court.

Consequently, Justice Nwite adjourned the case sine die.

The News Agency of Nigeria (NAN) earlier reported that Gombe, the former National Deputy Chairman of ADC, had prayed the court to adjourned the case before it indefinitely following an appeal at the Supreme Court.

Mark, the embattled National Chairman of ADC and the 2nd defendant in the suit filed by Gombe at FHC, had appealed against the March 12 judgment of the Appeal Court.

Gombe, through his lawyer, Lukman Fagbemi, SAN, urged Justice Nwite to adjourn the suit he filed “sine die” (Indefinitely) pending the outcome of the Supreme Court decision.

The development occurred shortly when the matter was called before Justice Nwite.

The judge had asked the parties upon resumed hearing in the suit what was the position of the matter presently.

Responding, Fagbemi said: “At our last adjourned date on Feb 13, 2026, and that was the day this honourable court, upon the application of the 2nd defendant (Mark), made an order adjourning this matter sine die to wait for the outcome of the interlocutory appeal filed by the same 2nd defendant my Lord.

“Indeed, that is a valid order all courts will make in such circumstance.”

According to him, on March 11, 2026, the Court of Appeal heard the interlocutory appeal and the judgment delivered the next day, being March 12, 2026, dismissing the interlocutory appeal my Lord.

He said: “And in that judgment, the court made an order of accelerated hearing before this honourable court.

“And at the same time, made a preservatorry order directing all parties not to take any step or further step that would amount to destroying the res (subject matter) before this honourable court by maintaining status quo ante bellum.”