ADC crisis: Gombe prays court to adjourn case indefinitely

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

Senator David 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 Emeka Nwite to adjourn the suit he filed “sine die” (Indefinitely) pending the Supreme Court decision.

The development occurred shortly after 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 February 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 preservatory 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 taken 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According to the lawyer, the application for stay of execution was not taken which was eventually withdrawn and struck out.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 February 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; 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 argeud 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.