Court Dismisses Objections in ADC Leadership Row
The Federal High Court in Abuja has rejected the objections raised by African Democratic Congress (ADC) National Chairman David Mark and National Secretary Rauf Aregbesola against an application by former Deputy National Chairman Nafiu Gombe to amend his claims in the ongoing leadership dispute.
Justice Lifu ruled that the proposed amendment is a routine step in civil litigation designed to ensure the plaintiff’s case is properly presented and to avoid a possible miscarriage of justice. Consequently, the court granted Gombe permission to amend his originating summons and ordered Mark and Aregbesola to pay ₦500,000 in costs to the plaintiff.
Reasons Behind the Decision
The judge noted that the amendment became necessary after Gombe changed legal counsel. He found the concerns raised by Mark to be unfounded, emphasizing that the defendants would not suffer any prejudice because they retain the right to file counter‑affidavits and adjust their earlier pleadings in response to the amended summons.
After reviewing the objections, Justice Lifu stated that he could not identify any way in which granting the amendment would overwhelm, prejudice, or jeopardize the defendants’ case. Accordingly, the objections were dismissed and Gombe was allowed to proceed with the amended claims.
Parties’ Arguments
Mark and Aregbesola had opposed Gombe’s move, arguing that the parties had already joined issues in the case and that allowing the amendment after seeing the defendants’ responses would give Gombe an unfair advantage. Their counsel, Suleiman Umar, SAN, warned that such a move would prejudice their clients and violate natural justice.
Aregbesola, represented by Realwan Okpanachi, claimed the amendments substantially altered the character of Gombe’s original case and accused him of acting in bad faith, invoking the equity principle that “he who comes to equity must come with clean hands.” He also pointed out that Gombe had initially attached an unsigned copy of the ADC Constitution to his suit and later submitted a signed version after seeing the defendants’ objections.
The court, however, rejected all these arguments, finding them insufficient to block the amendment.
What the Ruling Means for the Dispute
Gombe’s suit seeks to restrain Mark, Aregbesola, and others from presenting themselves as the national leaders of the ADC. He has named the ADC, Mark, Aregbesola, the Independent National Electoral Commission (INEC), and the party’s former National Chairman Ralph Nwosu as the first through fifth defendants, respectively. He contends that the process that elevated Mark and Aregbesola violated provisions of the ADC Constitution and the Electoral Act.
With Friday’s ruling, Gombe can now proceed with his amended claims as the substantive leadership dispute continues before the Federal High Court.
About the Author
