“Court Allows Gombe To Amend ADC Leadership Suit Against David Mark, Aregbesola” — Dismisses Objections, Awards ₦1m Costs Against Defendants

The Federal High Court in Abuja has dismissed objections filed by former Senate President David Mark and former Osun State Governor Rauf Aregbesola against an application by former Deputy National Chairman of the African Democratic Congress, Nafiu-Bala Gombe, seeking to amend his suit challenging their emergence as national leaders of the party.

In a ruling delivered on Friday, Justice Peter Lifu described the objections raised by Mark and Aregbesola as “frivolous, baseless and without an iota of merit.”

The judge consequently granted Gombe’s application to amend the reliefs in his originating summons and ordered Mark and Aregbesola to pay ₦500,000 each as costs to the plaintiff.

Gombe had instituted the substantive suit against the ADC, Mark, Aregbesola, the Independent National Electoral Commission, and the party’s former National Chairman, Ralph Nwosu.

In the suit, he is asking the court to restrain Mark and Aregbesola from presenting themselves as the ADC’s National Chairman and National Secretary, respectively. He alleged that their emergence violated the provisions of the ADC Constitution and the Electoral Act.

Through his lawyer, Lukman Fagbemi, SAN, Gombe filed a motion seeking to amend the reliefs in his originating summons. The application was supported by eight grounds and a six-paragraph affidavit, in which the plaintiff maintained that he was legally entitled to amend his processes at any time before judgment.

Justice Lifu held that the amendment sought by the plaintiff was a normal step in civil litigation intended to give life to his case and prevent a possible miscarriage of justice.

The judge noted that Gombe’s application was also occasioned by a change of counsel, adding that the apprehension expressed by the Mark-led leadership was unnecessary and uncalled for.

He held that Mark, Aregbesola and the other defendants would not be prejudiced by the amendment because they remained at liberty to file counter-affidavits and make consequential amendments to their earlier processes.

Justice Lifu said that after examining the objections filed by the defendants, he could not identify how they would be jeopardised if the amendment was granted.

The court therefore dismissed the objections and allowed the plaintiff to amend his originating summons.

Mark, through his lawyer, Dr. Suleiman Umar, SAN, had opposed the application on the ground that the parties had already exchanged processes and joined issues in the matter.

Umar argued that allowing Gombe to alter his claims after studying the defence filed by the defendants would give the plaintiff an undue and undeserved advantage.

On his part, Aregbesola, represented by Realwan Okpanachi, also opposed the amendment, alleging that Gombe was attempting to change the character of his original case against the defendants.

On his part, Aregbesola, represented by Realwan Okpanachi, also opposed the amendment, alleging that Gombe was attempting to change the character of his original case against the defendants.

Okpanachi argued that the ADC’s National Executive Committee changed the party’s national leadership on July 29, 2025, during a duly convened NEC meeting.

He said notice of the NEC meeting was served on INEC on July 1, 2025, as required by law, thereby validating the emergence of Mark and Aregbesola as the party’s national leaders.

Aregbesola’s lawyer further alleged that Gombe initially attached an unsigned copy of the ADC Constitution to his originating summons, but after studying the defendants’ objections, sought to introduce a signed copy through the amended process.

He contended that the new claims, documents and exhibits introduced through the proposed amendment were made in bad faith and amounted to an abuse of court process.

Okpanachi also argued that the application was improper because it came after a Supreme Court judgment directing accelerated hearing of the matter.