The Federal High Court in Abuja yesterday adjourned indefinitely the suit filed by Mr Nafiu-Bala Gombe over the leadership dispute in the African Democratic Party (ADC).
But the party has alleged attempts to manipulate the judiciary following moves by lawyers to Mr. Gombe seeking the reassignment of his suit against the David Mark-led National Working Committee of the party.
A statement issued by the party’s national publicity secretary, Mallam Bolaji Abdullahi yesterday described the request to transfer the case to another judge as suspicious and politically motivated.
The ADC said it was “curious, if not outright laughable” that a plaintiff seeking justice would allegedly attempt to delay proceedings in his own case.
Justice Emeka Nwite took the decision after hearing arguments from the plaintiff (Gombe) and the defence lawyers on his application seeking the reassignment of the case to another judge.
“I have listened to the submissions of the learner council of both divisions. From the submissions of both counsel, the Supreme Court has delivered judgment on the interlocutory appeal of the 2nd defendant (Mark) in this matter on 30th April, 2026.
“However, none of the parties has furnished this honourable court with the certified true copy (CTC) of the judgment of the Supreme Court.
“Also, from the submissions of both parties, which are also on record, the plaintiff wrote a letter to the Honourable CJ of the Federal High Court seeking the transfer of the instant suit. However, such a letter was neither copied nor served on the defendant.
Taking a decision or any action on such a letter without hearing from the defendants will amount to a breach of their fundamental rights in this suit.
“Also, the letter having been addressed to the Honourable CJ of the court, this Honourable Court cannot make any decision on it. Consequently, this matter is best adjourned sine die (indefinitely) to afford the parties the opportunity to properly file a CTC of the Supreme Court judgment in the interlocutory appeal in this suit, serve the defendants with the letter addressed to the Honourable CJ and finally to await further or any directive from the CJ. This case is hereby adjourned sine die,” the judge ruled.
The News Agency of Nigeria (NAN) reports that Gombe, the former National Deputy Chairman of ADC, had written a letter to the CJ, Justice John Tsoho, seeking the transfer of his case to another judge.
Gombe, in the suit marked FHC/ABJ/CS/1819/2025, had sued ADC, Sen. David Mark, Ogbeni Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Ralph Nwosu as the 1st to 5th defendants, respectively.
Nwosu was the former ADC National Chairman who stepped down for David Mark’s leadership of the party. Gombe had argued that the emergence of Mark and Aregbesola as the party’s leaders breached the provisions of the party’s constitution and the Electoral Act.
At the resumed hearing yesterday, Gombe, through his lawyer, Luka Haruna, SAN, informed Justice Nwite about the latest development, following the recent Supreme Court decision. Haruna drew the court’s attention to what transpired before the trial judge on the last adjourned date.
“With humility and respect to my lord, we wish to draw your lordship’s attention to the fact that this matter was adjourned sine die consequent upon the interlocutory application filed by the 2nd defendant (Mark) in this case.”
According to him, the interlocutory appeal of the 2nd defendant has reached the Supreme Court.
“We are glad to inform this honourable court that on 30 April 2026, the Supreme Court delivered its judgment in the interlocutory appeal, dismissing the said appeal for lacking in merit. However, the Supreme Court again set aside the order made by the Court of Appeal, staying all actions pending the determination of the case before your lordship,” he said.
Haruna, therefore, told Justice Nwite that today’s proceeding was the first time the matter would be coming up in the court after its indefinite adjournment on April 14.
The lawyer, however, said that the plaintiff (Gombe) had written a letter to the Chief Judge of the FHC, John Tsoho, on 4 May, requesting the transfer of the case to another judge.
“I can confirm that the same letter has been transmitted to the registry of this honourable court.
“At this juncture, we must humbly pray to your lordship to wait for the administrative decision of the CJ,” he said.
According to him, whichever way Honourable Chief Judge decides, either to grant or refuse the application, the plaintiff is bound by this decision,” he said.
Haruna, however, said he had just gotten a confirmation from the defence lawyers that the said letter had not been served on them.
Lawyer to ADC, Rilwan Okpanachi; Suleiman Usman, SAN, who appeared for Mark; Mohammed Sheriff, who represented Ogbeni Rauf Aregbesola; P. I. Oyewole, counsel for Chief Ralph Nwosu, and other lawyers in the case vehemently opposed the application for the case transfer.
Okpanachi, who corrected the narrative given to the court by Haruna about the Supreme Court judgment, said the apex also sustained and upheld the order of accelerated hearing made by the Appeal Court.
He, however, said that parties were yet to obtain the certified true copy (CTC) of the judgment to enable them to furnish the court with its full content and to allow the court to take an appropriate decision.
“It will be fair that this court is offered the CTC to know what is left,” he said.
Okpanachi expressed surprise at Gombe’s application for reassignment pf the case.
According to him, the same letter to the CJ requesting the transfer of the case has not been served on us by either the CJ or the plaintiff.
“As it is, we don’t know the form or content of this application,” he said.
He described Haruna’s application as “an ambush.”
“We will also consider it as an attempt to frustrate the order of the Appeal Court, which is sanctioned by the Supreme Court.”
He said as respondent, “we make bold to say that a litigant is not allow to choose which court where his own case should be decided.”
According to Okpanachi, the only good thing the application for the transfer of this matter has achieved is that the integrity of this court has been confirmed.
He said this was so because nothing had happened since the last adjournment.
“To drive home our point, this application cannot stop this honourable court with the hearing of this matter.
“And we would have insisted that the court should go on with the hearing today if not for the fact that my lord has not been furnished with a copy of the Supreme Court judgment to be properly guided by it.
“In the circumstances, it is our humble prayer that the court reiterate its order adjourning the matter sine die for the court to be properly informed about the outcome of the appeal through an affidavit exhibiting the judgment.
“That is our position, my lord,” he said.
Usman, who represented Mark, aligned with Okpanachi’s submission.
He said Haruna’s private correspondence with the CJ was disturbing.
“It is not only unfortunate but a dangerous trend which must not be allowed to stand.
“We maintain absolute confidence in the integrity, impartiality and sound judicial discretion of this honourable court.
“The so-called letter in a normal view is a fundamental breach of procedure, amounting in law to an illegality and not a mere irregularity,” he said.
According to the lawyer, it is a clear case of forum shopping and judge shopping, and an attempt to mislead the Honourable CJ, in view of the clear order of both the Appeal Court and the Supreme Court.
Usman insisted that there was no clear order by the superior court that the case should be remitted back to the CJ for reassignment.
Kalu Kalu, who appeared for a party seeking to join (Nkemakolam Ukandu), and other lawyers also opposed Haruna’s application.
According to the party, the letter written by Bala requesting the Chief Judge of the Federal High Court to reassign the matter confirmed its fears that some political actors were attempting to influence the judicial process.
“The African Democratic Congress would like to reiterate our fears that some agents of the Federal Government are making frantic efforts to manipulate the judiciary by switching the judge in the leadership matter involving Nafiu Bala,” the statement read.
The party alleged that the move formed part of a broader plot by unnamed political operatives to secure a favourable judge for the matter.
“Having received the letter written by Bala requesting the Chief Judge of the Federal High Court to reassign the case to another judge, it has now been proven beyond all reasonable doubt that the sinister plot allegedly led by a notorious federal minister is indeed afoot,” the ADC stated.
The party further accused Bala and his supporters of attempting to turn the judiciary into “a shopping mall where you pick and choose judges suitable for your political schemes.”
“You cannot file a case and then begin to dictate which judge should hear it simply because proceedings are not going your way. No litigant has the right to choose a judge in his own matter,” the statement added.
The ADC also criticised what it described as efforts to seek an indefinite adjournment despite directives from the Court of Appeal and the Supreme Court for an accelerated hearing of the case.
“The attempt to seek an indefinite adjournment after the clear direction of the Court of Appeal and the Supreme Court for a speedy trial raises serious questions about the willingness of the lower courts to obey express orders from superior courts,” the party said.
It alleged that the plaintiff and his handlers were deliberately stalling proceedings in search of a judge willing to “do their bidding and pervert the course of justice.”
The party warned that political interference and “behind-the-scenes manipulation” risked further damaging public confidence in the judiciary.
“We want to state clearly that the ADC will continue to stand by the rule of law. But the rule of law must not be replaced with judicial intimidation or forum shopping,” the statement added.
The ADC called on the courts to remain independent and resist any attempt to influence judicial proceedings.
