A Federal High Court in Abuja has fixed June 8 for hearing a suit challenging the nomination of the interim leadership of the African Democratic Congress (ADC) led by former Senate President, David Mark.
Justice Peter Lifu adjourned the matter after the plaintiff’s counsel, Robert Emukpoeruo, requested extra time because of the absence of lawyers representing parties wishing to join the case.
The complaint was brought by Nafiu-Bala Gombe who is challenging the constitutionality of the party’s existing leadership arrangement.
Only the Independent National Electoral Commission (INEC) and parties wishing to join the case were absent from Wednesday’s hearings. The court also affirmed that INEC had been issued with hearing notifications, but not those requesting the joinder.
Shaibu Aruwa, Counsel to the ADC, prayed the court to allow the interested parties to state their reasons for being joined in the suit. He said that the problems as to them had already arisen in the proceedings before the former trial judge, Emeka Nwite.
Reacting, Emukpoeruo reminded the court that the Court of Appeal and the Supreme Court had directed that the matter be resolved swiftly. However, he sought a temporary adjournment to enable all the pending documents to be filed and served so that a fair hearing could be had.
Counsel to David Mark, former Governor Rauf Aregbesola, and former ADC National Chairman, Ralph Nwosu, did not oppose to the request.
Defence counsel also accused the plaintiff’s lawyers of stalling the case when it was before Justice Nwite by filing an earlier application for the matter to be reassigned. The move was made despite the instruction of the Supreme Court for an expedited hearing, they said.
Justice Lifu disagreed, saying a party to a lawsuit did not have a right to pick which judge heard their matter.
He said he was bound to guarantee that justice was done after the Chief Judge assigned the case to him and in compliance with the directives of the Supreme Court.
The judge took responsibility for the failure to serve hearing notifications on individuals seeking joinder, and ordered the court bailiff to finish service in 24 hours.
“In the circumstances of this case and the overall interest of justice and in compliance with the orders of the Supreme Court and Court of Appeal, this case is hereby accorded accelerated hearing,” Justice Lifu declared.
He directed all the parties to file and exchange their papers before the next date of hearing .
In the complaint, Gombe is seeking a court order restraining David Mark, Aregbesola and members of the party’s temporary National Working Committee from operating as leaders of ADC. He says the formation contravened requirements of the party’s constitution and the Electoral Act.
The suit was filed against ADC, David Mark, Aregbesola, INEC and Ralph Nwosu.