The Federal High Court sitting in Abuja on Friday 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.
In the motion ex parte marked FHC/ABJ/CS/1819/2025, Gombe 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.
Filed on December 15 through his counsel, Michael Agber, 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.
He also sought an order restraining INEC from monitoring or recognising any such activities and an order directing the maintenance of the status quo in the management of the party.
When the matter was called, Agber informed the court that he had a motion ex parte. Justice Nwite recalled that a similar application had earlier been refused with an order that the respondents be put on notice.
“Is there any difference between this application and the earlier one?” the judge asked.
Agber argued that the prayers were different and aimed at preventing steps that could affect the pending suit.
In response, Justice Nwite stated that any action taken during the pendency of the suit would be null and void if found improper, adding that the application ought not to have been brought ex parte.
“The parties are already before the court. I cannot make an order in the absence of the other party. Justice is tripartite. You cannot shave somebody’s head in his absence,” the judge said.
Although the court expressed reservations, Agber was allowed to move the motion, which he said was brought pursuant to Order 26 Rule 6 of the Federal High Court (Civil Procedure) Rules 2019, Sections 82 and 83 of the Electoral Act 2022, and under the court’s inherent jurisdiction.
In an affidavit of urgency, Gombe alleged that the ADC, with the acquiescence of INEC, had continued nationwide meetings in preparation for conventions and congresses under what he described as the “illegal leadership” of Senator David Mark and others.
He cited the unveiling of a purported new national headquarters, issuance of membership cards to political figures, and the release of guidelines for the Osun governorship primary election, which he claimed were in contempt of an earlier court order.
Justice Nwite recalled that on September 4, 2025, the court had similarly refused an earlier ex parte application by Gombe seeking to stop the David Mark–led leadership of the ADC, directing instead that all defendants be put on notice.
