By TAIYE AGBAJE

Mr Nafiu-Bala Gombe, the former National Deputy Chairman, African Democratic Congress (ADC), on Tuesday prayed the Federal High Court in Abuja to adjourn the case before it indefinitely.

The News Agency of Nigeria (NAN) reports that Sen. David Mark, the embattled National Chairman of ADC and the 2nd defen’ant in the suit filed by Gombe at FHC, had appealed against the March 12 judgment of the Appeal Court.

Gombe, through his lawyer, Lukman Fagbemi, SAN, urged Justice Emeka Nwite to adjourn the suit he filed “sine die” (Indefinitely) pending the Supreme Court decision.

The development occurred shortly when the matter was called before Justice Nwite.

The judge had asked the parties upon resumed hearing on the suit what was the position of the matter presently.

Responding, Fagbemi said: “at our last adjourned date on Feb 13, and that was the day this honourable court, upon the application of the 2nd defendant (Mark), made an order adjourning this matter sine die to wait for the outcome of the interlocutory appeal filed by the same 2nd defendant my Lord.

“Indeed, that is a valid order all courts will make in such circumstance.”

According to him, on March 11, 2026, the Court of Appeal heard the interlocutory appeal and the judgment delivered the next day, being March 12, 2026, dismissing the interlocutory appeal my Lord.

He said: “in that judgment, the court made an order of accelerated hearing before this honourable court.

“At the same time, made a preservatorry order directing all parties not to take any step or further step that would amount to destroying the res (subject matter) before this honourable court by maintaining status quo ante bellum.”

Fagbemi said considering the nature of the matter, all the parties should have come before the judge to ensure that the matter is taking on merit.

He, however, said that Mark, by way of exercising his constitutional right of appeal, filed an appeal at the apex court on March 16.

He said the record of appeal had been transferred to the Supreme Court on March 31.

Besides, Fagbemi said Mark on April 1 also filed a motion at the Supreme Court for stay of execution of the order made by the Court of Appeal.

“We were summoned by the Supreme Court upon the entry of that appeal my lord, and all parties appeared before the Supreme Court this morning,” he said.

According to the lawyer, the application for stay of execution was not taken which was eventually withdrawn and struck out.

He, however, said that the apex court directed all parties to file and exchange briefs within a time fame and adjourned the hearing of the appeal until April 22.

Fagbemi, therefore, sought an adjournment of the case indefinitely to await the decision of the apex court.

“With all these developments, it is clear that, in turn, the Supreme Court is ceased with the entry of the appeal.

“This legally means that all parties, including this honourable court, is legally bound to await the outcome of the Supreme Court decision.

“The order of your lordship made on Feb 13, to adjourn sine die, is still valid as far as the appeal before the Supreme Court is concerned.

“We therefore, urged your lordship to enjoin all parties to await the outcome of the Supreme Court.

“The law is very clear. That is our humble submission,” he said.

But counsel to the ADC, Shaibu Aruwa, SAN; lawyer to Mark, Sulaiman Usman, SAN; Ogbeni Rauf Aregbesola’s lawyer, Mohammed Sheriff, and A.O. Olawuyi, who appeared for Chief Ralph Nwosu, vehemently opposed Fagbemi’s application for indefinite adjournment.

They argued that the motion for stay of execution and proceeding filed at the Supreme Court had been struck out after it was withdrawn, hence, the lower court can proceed with the case.

Besides, they argued that based on the Court of Appeal’s judgment, the lower court was ordered to conduct an accelerated hearing of the case and that this order had not be set aside.

“What is before the Supreme Court is a narrow issue; whether this honourable court has jurisdiction.

“By the provision of Section 83(6) Paragraph A of the Electoral Act, 2026, the subject matter of this suit has become sues generis such that it should be heard in accelerated manner.

“I will also refer my Lord to the motion ex-parte I filed wherein I apply that this court should take this suit during Easter vacation from day to day, including Saturday and Sunday, for the fact that the 1st defendant has already published its timetable for the 2027 general elections and the 1st defendant is expected to start its conduct of primary elections for the nomination of its candidates,” Aruwa had argued.

On his part, Usman submitted that the Independent National Electoral Commission (INEC) misinterpreted one of the orders made by the Court of Appeal by removing the names of Mark and Aregbesola as national chairman and national secretary of ADC.

He said against this development, he filed a motion for the court to reverse INEC’s decision since such action could only be made by the court.

However, lawyer to INEC, Hassan Aminu, did not take any position in the matter.

“The 4th defendant is not taking any position in this matter as we have indicated. My lord, we leave it to your lordship’s discretion,” he said.

After taking all the lawyers’ arguments, Justice Nwite stood down the matter for a ruling. (NAN)

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