Abuja – The Federal High Court sitting in Abuja has declined an application seeking to restrain the African Democratic Congress (ADC), led by Senator David Mark, from holding conventions, congresses or meetings to elect or ratify members of its executive bodies and other party structures.
Justice Emeka Nwite, in a ruling, refused the motion ex parte filed by a former Deputy National Chairman of the ADC, Nafiu-Bala Gombe, holding that granting the application without hearing from the other parties would amount to overreaching and violate the principle of fair hearing.
“I have listened to the submission of the learned counsel for the applicant and have also gone through the affidavit evidence with exhibits thereto along with the written address,” the judge said.
Justice Nwite noted that the court had earlier, on September 4, 2025, ordered the defendants to show cause why an interim order restraining them from acting as leaders of the ADC should not be made, stressing that parties had since exchanged processes in the substantive suit.
“It is not in dispute that the present application is an off-shoot of the substantive matter,” the judge held. “It is also not in dispute that all the parties are already before this court. Hence, any ex-parte application without notice to the other parties will be overreaching. The interest of justice will be met by putting the other parties on notice. Consequently, the application is refused.”
Justice Nwite thereafter adjourned the matter to February 3, 2026, for the respondents to show cause.
Gombe had listed the ADC, Senator David Mark and Ogbeni Rauf Aregbesola as first to third defendants, while the Independent National Electoral Commission (INEC) and Chief Ralph Nwosu were named as fourth and fifth defendants.
The applicant sought interim orders restraining the ADC from holding any convention, congress or meeting to elect or ratify members of its executive committees pending the determination of a motion on notice.
