Fresh Blow To ADC: Court Dismisses Mark, Aregbesola’s Objections, Awards ₦500,000 Costs

The Federal High Court in Abuja has dismissed objections filed by the National Chairman of the African Democratic Congress (ADC), David Mark, and the party’s National Secretary, Rauf Aregbesola, against an application by former Deputy National Chairman, Nafiu Gombe, seeking to amend his claims in the party’s ongoing leadership dispute.....KINDLY READ THE FULL STORY HERE▶

Delivering the ruling on Friday, Justice Peter Lifu described the objections raised by Mark and Aregbesola as frivolous, lacking merit and without any legal basis.

The court granted Gombe leave to amend his originating summons and awarded ₦500,000 in costs against Mark and Aregbesola in favour of the plaintiff.

Justice Lifu held that amendments to court processes are a routine aspect of civil litigation, aimed at ensuring that a party’s case is properly presented and that justice is served.

According to the judge, the amendment became necessary following a change in the plaintiff’s legal representation and would not prejudice the defendants, who remain free to file fresh counter-affidavits and make corresponding amendments to their own processes.

The court ruled that it found no evidence that allowing the amendment would overwhelm, prejudice or jeopardise the defendants’ case, prompting the dismissal of their objections.

Mark, Aregbesola opposed amendment

Mark and Aregbesola had challenged Gombe’s request to amend the suit contesting their emergence as the ADC’s national chairman and national secretary.

Through his counsel, Lukman Fagbemi (SAN), Gombe argued that the law permits amendments to court processes at any stage before judgment where necessary for the fair determination of a case.

The application was supported by an affidavit and several grounds outlining the reasons for the proposed changes.

However, counsel to Mark, Suleiman Umar (SAN), opposed the application, arguing that the parties had already exchanged their processes and that allowing the amendment after the defendants had filed their responses would unfairly benefit the plaintiff.

He urged the court to reject the application, contending that it would prejudice his client and offend the principles of fair hearing.

Aregbesola raises objections

Represented by Realwan Okpanachi, Aregbesola also opposed the amendment, arguing that it substantially altered the nature of Gombe’s original case.

He maintained that the ADC National Executive Committee (NEC) validly reconstituted the party’s leadership during a duly convened meeting on July 29, 2025, and that the Independent National Electoral Commission (INEC) had been properly notified of the meeting in accordance with the law.

Aregbesola further alleged that Gombe initially filed an unsigned copy of the ADC Constitution with his originating summons but later replaced it with a signed version after reviewing the defendants’ responses.

Invoking the equitable principle that “he who comes to equity must come with clean hands,” he argued that the amendments introduced new claims, documents and exhibits, and accused the plaintiff of acting in bad faith and abusing the court process, particularly after the Supreme Court ordered an accelerated hearing of the matter.

The court, however, rejected all the objections.

Leadership dispute continues

In the substantive suit, Gombe is asking the court to restrain Mark, Aregbesola and others from presenting themselves as the national leadership of the ADC.

The suit lists the ADC, David Mark, Rauf Aregbesola, the Independent National Electoral Commission (INEC) and the party’s former National Chairman, Ralph Nwosu, as defendants.

Gombe contends that the process through which Mark and Aregbesola emerged as national officers of the party violated the provisions of the ADC Constitution and the Electoral Act.

With Friday’s ruling, the plaintiff is now cleared to proceed with his amended claims as the Federal High Court continues hearing the substantive leadership dispute.