ABUJA — The Federal High Court in Abuja on Tuesday declined an application by the Senator David Mark-led leadership of the African Democratic Congress (ADC) seeking the hearing of all pending motions, including the substantive suit, in the case filed by Nafiu Bala Gombe.
Justice Emeka Nwite, ruling on Gombe’s request for an indefinite adjournment to await the Supreme Court’s decision on Mark’s appeal, held that proceeding with the matter while the court’s jurisdiction is under challenge would amount to “wrestling jurisdiction” with the apex court.
Although both parties were not in dispute over the facts of the case, the judge noted that “the facts are glaring that an appeal has been entered” at the Supreme Court.
He referenced reliefs two and three in the motion filed by Mark before the apex court, where he sought an order staying execution of the Court of Appeal judgment and striking out the appellate court’s decision delivered on March 12.
“It is trite law that where a court lacks jurisdiction to entertain a suit, no matter how beautifully the judgment is delivered, it will be a nullity,” Justice Nwite said, citing a Supreme Court precedent.
“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 the Supreme Court and this court cannot await that decision,” he added.
The judge also disagreed with the defence’s argument that an interlocutory appeal could not operate as a stay of proceedings before the lower court.
“The interlocutory appeal may likely dispose of the case before this court. The most honourable thing to do is to await the decision of the Supreme Court,” he ruled.
Justice Nwite further observed that while the defence relied on the Court of Appeal’s directive for accelerated hearing, they simultaneously sought to vacate that same order at the Supreme Court, describing the position as approbating and reprobating.
He therefore held that justice would best be served by awaiting the apex court’s decision and adjourned the matter sine die.
Gombe, a former National Deputy Chairman of the ADC, had urged the court to adjourn the case indefinitely following the appeal lodged at the Supreme Court.
Through his counsel, Lukman Fagbemi (SAN), Gombe argued that the earlier order of February 13, 2026, which adjourned the matter sine die pending the outcome of the interlocutory appeal, remained valid.
He told the court that the Court of Appeal had dismissed the interlocutory appeal on March 12, 2026, and ordered an accelerated hearing of the case, while also directing parties to maintain the status quo ante bellum.
Fagbemi further disclosed that Mark filed a fresh appeal at the Supreme Court on March 16, with records transmitted on March 31, alongside a motion for stay of execution filed on April 1.
He said although the motion for stay was withdrawn and struck out, the Supreme Court had directed parties to file and exchange briefs and adjourned the appeal to April 22.
“With these developments, it is clear that the Supreme Court is seized of the matter, and all parties, including this court, are bound to await its outcome,” Fagbemi submitted.
However, counsel to the ADC, Shaibu Aruwa (SAN); counsel to Mark, Sulaiman Usman (SAN); counsel to Rauf Aregbesola, Mohammed Sheriff; and A.O. Olawuyi, representing Chief Ralph Nwosu, opposed the application.
They argued that since the motion for stay of proceedings at the Supreme Court had been withdrawn and struck out, there was no legal impediment to the lower court proceeding with the case.
They further maintained that the Court of Appeal’s order for accelerated hearing remained valid and had not been set aside.
Aruwa also drew the court’s attention to provisions of the Electoral Act, 2026, describing the matter as sui generis and requiring expeditious determination, especially in view of preparations for the 2027 general elections.
He noted that the Independent National Electoral Commission (INEC) had already released its timetable for the polls, including party primaries.
On his part, Usman argued that INEC misinterpreted the Court of Appeal’s judgment by removing the names of Mark and Aregbesola as national chairman and national secretary of the ADC, insisting that only a court could validly make such an order.
He said a motion had been filed to reverse the commission’s action.
Counsel to INEC, Hassan Aminu, however, declined to take a position, leaving the matter to the discretion of the court.
After hearing all submissions, Justice Nwite stood down the matter briefly before delivering his ruling.
In the suit marked FHC/ABJ/CS/1819/2025, Gombe is challenging the emergence of Mark and Aregbesola as national chairman and national secretary of the ADC, respectively.
He is seeking an order restraining them from parading themselves in those capacities, arguing that their emergence contravenes the party’s constitution and the provisions of the Electoral Act.
