ADC Crisis: Court Dismisses Mark, Aregbesola’s Objections, Awards ₦500,000 Cost

The Federal High Court in Abuja on Friday dismissed objections filed by the National Chairman of the African Democratic Congress (ADC), David Mark, and the party’s National Secretary, Rauf Aregbesola, against an application by former Deputy National Chairman, Nafiu Gombe, to amend his claims in the ongoing leadership dispute.

NEWSNGR reports that Justice Peter Lifu, who delivered the ruling, described the objections raised by Mark and Aregbesola as frivolous, baseless and lacking in merit.

The judge subsequently granted Gombe permission to amend his originating summons and awarded ₦500,000 in costs against Mark and Aregbesola in favour of the plaintiff.

Justice Lifu held that the proposed amendment was a normal procedure in civil litigation intended to properly place the plaintiff’s case before the court and prevent a possible miscarriage of justice.

The court noted that the amendment became necessary following a change of counsel by the plaintiff and held that the concerns raised by Mark over the application were unnecessary.

The judge also ruled that Mark and the other defendants would not suffer any injustice because they remained entitled to file counter-affidavits in response to the amended originating summons and make consequential changes to their earlier processes.

Justice Lifu said that after examining the objections, the court could not identify how granting the amendment would overwhelm, prejudice or jeopardise the defendants’ case.

He consequently dismissed their objections and allowed Gombe to proceed with the amendments.

Mark, Aregbesola Opposed Application

Mark and Aregbesola had opposed Gombe’s attempt to amend the originating summons challenging their emergence as national officers of the ADC.

Gombe, through his counsel, Lukman Fagbemi, SAN, had asked the court to permit amendments to the suit he instituted against the ADC, Mark, Aregbesola and others.

The former ADC deputy national chairman argued that he was entitled under the law to make amendments necessary for the proper determination of his case, provided judgment had not been delivered.

His application was supported by eight grounds and a six-paragraph affidavit. Mark, however, through his counsel, Suleiman Umar, SAN, argued that the parties had already joined issues in the case.

Umar maintained that allowing Gombe to alter his claims after seeing the defendants’ responses would give him an unfair advantage.

He therefore urged the court to reject the application, arguing that granting it would prejudice his client and offend the principles of natural justice.

Aregbesola Alleges Case Alteration

Aregbesola, represented by Realwan Okpanachi, also opposed the application, alleging that the amendments substantially altered the character of Gombe’s original case.

The former Osun State governor maintained that the ADC National Executive Committee validly changed the party’s national leadership at a duly convened meeting on July 29, 2025.

He argued that the Independent National Electoral Commission was notified of the NEC meeting on July 1, in compliance with the law, and maintained that the process that produced Mark and Aregbesola was legitimate.

Aregbesola also alleged that Gombe had initially attached an unsigned copy of the ADC Constitution to his originating summons but subsequently introduced a signed version after seeing the defendants’ objections.

Relying on the principle that “he who comes to equity must come with clean hands,” Aregbesola asked the court to reject the application because “new claims, different documents and exhibits have been introduced through the amendments.”

He further argued that the amendments were brought in bad faith and amounted to an abuse of court process, particularly after the Supreme Court ordered an accelerated hearing of the dispute.

The court, however, rejected the arguments.

Gombe Challenges Mark’s Leadership

Gombe is asking the court to restrain Mark, Aregbesola and others from presenting themselves as national leaders of the ADC.

The plaintiff named the ADC, Mark, Aregbesola, INEC and the party’s former National Chairman, Ralph Nwosu, as the first to fifth defendants, respectively.

He contended that the process through which Mark and Aregbesola emerged as national leaders of the opposition party 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.