Senator David Mark, National Chairman of the African Democratic Congress, and the party’s National Secretary, Rauf Aregbesola, have opposed a fresh move by party chieftain Nafiu Bala Gombe to amend claims in an ongoing leadership suit against them.
The two party leaders urged Justice Peter Lifu of the Federal High Court in Abuja to reject the proposed amendments, arguing that allowing them would result in a miscarriage of justice.
At Tuesday’s resumed hearing, Nafiu Bala Gombe, a former Deputy National Chairman of the ADC, through his counsel, Lukman Fagbemi (SAN), filed an application seeking amendments to the originating summons in his suit against the ADC, Mark, Aregbesola, and others. The suit challenges the legitimacy of their emergence as national officers of the party.
Gombe described the request as the third amendment to his case and maintained that the law permits such amendments when necessary to ensure justice, provided judgment has not yet been delivered.
The plaintiff based the application on eight grounds supported by a six paragraph affidavit, insisting that the legal framework supports his request at this stage of proceedings.
However, Mark, represented by Senior Advocate of Nigeria, Dr. Suleiman Umar, strongly opposed the application.
He argued that all parties had already joined issues and that granting the amendment would unfairly advantage the plaintiff after gaining access to the defence’s legal strategy.
He urged the court to dismiss the application, describing it as prejudicial to his client and contrary to the principles of natural justice.
Aregbesola, through his counsel Rewan Okpanachi, also opposed the application, alleging that Gombe had fundamentally altered the nature of his claims through the proposed amendments.
According to Aregbesola, contrary to the plaintiff’s allegations, the National Executive Committee of the ADC lawfully changed the party’s leadership on July 29, 2025, during a properly convened NEC meeting.
He stated that notice of the NEC meeting had been served on the Independent National Electoral Commission on July 1, in compliance with legal requirements, thereby validating the emergence of Mark and Aregbesola as national leaders.
Referencing the earlier originating summons, Aregbesola noted that Gombe initially attached an unsigned copy of the ADC Constitution and only introduced a signed version after reviewing the defendants’ objections.
Insisting that “he who comes to equity must come with clean hands,” Aregbesola urged Justice Lifu to reject the application on the grounds that “new claims, different documents and exhibits have been introduced through the amendments.”
He further argued that the amendments were filed in bad faith and constituted an abuse of court process, especially following the Supreme Court’s directive for accelerated hearing of the matter.
Aregbesola asked the court to hold that the application lacked merit and should be dismissed.
After hearing arguments from both sides, Justice Lifu adjourned the matter until July 7 for ruling on whether the amendments would be allowed.
Gombe is seeking an order restraining Mark, Aregbesola, and other party officials from presenting themselves as leaders of the ADC.
The suit names the ADC, David Mark, Rauf Aregbesola, the INEC, and the party’s former National Chairman, Ralph Nwosu, as first to fifth defendants respectively.
Gombe maintains that the emergence of Mark and Aregbesola as party leaders violates both the ADC Constitution and the Electoral Act.
