Court Orders Fast-Track Hearing in ADC Leadership Case

A Federal High Court in Abuja has ordered accelerated hearing in the suit challenging the Senator David Mark-led leadership of the African Democratic Congress (ADC).
Justice Peter Lifu, in a brief ruling on Wednesday, fixed Monday, June 8, for hearing of all pending applications in the case.
The court also directed all parties to exchange processes within 48 hours, while its bailiff was ordered to serve hearing notices on all persons seeking joinder as interested parties within 24 hours.
The development follows a Supreme Court judgment last month which ordered that the matter be returned to the trial court for accelerated hearing, after dismissing an appeal filed by the ADC National Chairman, Senator David Mark, challenging an interlocutory order of the Court of Appeal.
The appellate court had earlier directed parties to maintain the status quo ante bellum pending determination of the suit.
However, proceedings could not continue at the last sitting on May 8 after the plaintiff, Nafiu Bala Gombe, requested that the case be transferred from the former judge, Justice Emeka Nwite.
The court had earlier adjourned the matter indefinitely, pending the release of the Certified True Copy (CTC) of the Supreme Court judgment and a decision from the Chief Judge of the Federal High Court, Justice John Tsoho, on the transfer request.
Following recommendations of the National Judicial Council (NJC), Justice Nwite was later elevated to the Court of Appeal, and the case was reassigned to Justice Lifu.
At Wednesday’s proceedings, counsel to the plaintiff, Robert Emukpero, SAN, urged the court for a short adjournment while drawing attention to the Supreme Court’s directive for accelerated hearing, noting that no appeal had been filed against it.
Since there was no objection from counsel representing the respondents, the court granted the request and fixed June 8 for accelerated hearing.
The plaintiff had approached the court seeking an order restraining the David Mark-led leadership from parading itself as executives of the ADC, pending determination of the substantive suit.
He also sought an order restraining the Independent National Electoral Commission (INEC) from recognising the leadership.
In a ruling on an interlocutory application, Justice Nwite had ordered the plaintiff to put the defendants on notice to show cause why the application should not be granted.
Rather than appear before the trial court, the defendants proceeded on appeal at the Court of Appeal, arguing that the matter was an internal party dispute outside the court’s jurisdiction.
The Court of Appeal dismissed the appeal for lacking merit and ordered accelerated hearing while directing parties to maintain the status quo ante bellum.
Dissatisfied, Senator Mark approached the Supreme Court, which ultimately dismissed the appeal and ordered the case returned to the trial court for accelerated trial.



