The Federal High Court in Abuja on Tuesday declined to grant an application by Sen. David Mark-led leadership of the African Democratic Party (ADC), seeking the hearing of all pending motions, including the substantive case, in Nafiu-Bala Gombe’s suit.
Justice Emeka Nwite, in a ruling on Gombe’s request to adjourn the case indefinitely to await the Supreme Court’s judgment in the appeal filed by Mark, held that proceeding with the matter when the jurisdiction of the court is being challenged would amount to wrestling jurisdiction with the apex court.
Justice Nwite said that though the facts of the case as stated by both parties were not in dispute, he, however, held that “the facts are glearing that an appealed had been entered” at the apex court.
The judge also cited reliefs two and three in the motion on notice filed by Mark before the apex Court where he sought an order staying execution of the judgment of the Apeal Court and striking out the appellate court judgment delivered on March 12.
“It is trite law that where a court lacks jurisdiction to entertain a suit, no matter how beautiful the judgment is delivered, it will be a nullity,” he said, citing a previous Supreme Court decision.
“I am of the view and I so hold that it will not serve any purpose if the jurisdiction of this court is being challenged at Supreme Court and the court cannot await the Supreme Court decision”, the judge held.
The judge also disagreed with the defence counsel’s argument that since their case at the apex court is an interlocutory appeal, such cannot operate to mean a stay of proceedings before the lower court.
“The interlocutory appeal may likely dispense the case before this court. So the most honourable thing to do is to await the decision of the Supreme Court,” he added.
The judge observed that though the defence argued that the Appeal Court already made an order for accelerated hearing, he said justaposing this with their relief that the order should be vacated, showed that the defendants are approbating and reprobating at the same time.
He, therefore, held that justice would be met by awaiting the judgment of the apex court.
Consequently, Justice Nwite adjourned the case sine die.
The News Agency of Nigeria (NAN) earlier reported that Gombe, the former National Deputy Chairman of ADC, had prayed the court to adjourned the case before it indefinitely following an appeal at the Supreme Court.
Mark, the embattled National Chairman of ADC and the 2nd defendant 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 Nwite to adjourn the suit he filed “sine die” (Indefinitely) pending the outcome of 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 in the suit what was the position of the matter presently.
Responding, Fagbemi said: “At our last adjourned date on Feb 13, 2026, 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: “And in that judgment, the court made an order of accelerated hearing before this honourable court.
“And 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 adourned 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 Fagbmi’s application for indefinite adjournment.
They argeud that the motion for stay of execution and proceeding filed at the Suoreme 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.
”This is 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.
They argued that there was no law stopping the court to proceed with the matter by taking all the applications, including the substnative suit, and then adjourned to await the apex court’s decision.
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 reports that Gombe, in the suit marked: FHC/ABJ/CS/1819/2025, at the FHC had sued ADC, Mark, Aregbesola, INEC and Nwosu as 1st to 5th defendants respectively.
Nwosu was the former ADC National Chairman who stepped down for David Mark leadership.
Gombe had urged Justice Nwite to restrain Mark and Aregbesola from further parading themselves as national chairman and national secretary of the party.
The aggrieved ex-deputy national chairman had argued that the emergence of Mark and Aregbesola as party’s leaders breached the provisions of the party’s constitution and the Electoral Act.
