A factional leader of the African Democratic Congress (ADC), Mr Nafiu-Bala Gombe, has applied to transfer his case against the party’s leadership, led by Senator David Mark, from Justice Emeka Nwite of the Federal High Court in Abuja.
Mr Gombe, through his lawyer, Luka Haruna, SAN, informed Justice Nwite shortly after the case was called for hearing, following the recent Supreme Court decision.
Earlier, Mr Haruna drew the court’s attention to what transpired before the trial judge on the last adjourned date.
“With humility and respect to my lord, we wish to draw your lordship’s attention to the fact that this matter was adjourned sine die consequent upon the interlocutory application filed by the 2nd defendant (Mark) in this case.”
According to him, the second defendant’s interlocutory appeal has been taken up to the Supreme Court.
“We are glad to inform this honourable court that on the 30th day of April, 2026, the Supreme Court has delivered its judgment in the interlocutory appeal, dismissing the said appeal for lack of merit.
“However, the Supreme Court again set aside the order made by the Court of Appeal, staying all actions pending the determination of the case before your lordship,” he said.
Mr Haruna, therefore, told Justice Nwite that today’s proceeding was the first time the matter would be coming up in the court after its indefinite adjournment on April 14.
The lawyer, however, said that the plaintiff (Gombe) had written a letter to the Chief Judge of the FHC, John Tsoho, on May 4, requesting that the case be transferred to another judge.
“I can confirm that the same letter has been transmitted to the registry of this honourable court.
“At this juncture, we must humbly pray to your lordship to wait for the administrative decision of the CJ,” he said.
According to him, whichever way the honourable chief judge decides, either to grant or refuse the application, the plaintiff is bound by this decision,” he said.
Mr Haruna, however, said he had just received confirmation from the defence lawyers that the letter had not been served on them.
Lawyer to ADC, Rilwan Okpanachi; Suleiman Usman, SAN, who appeared for Mark; Mohammed Sheriff, who represented Ogbeni Rauf Aregbesola; P. I. Oyewole, counsel for Chief Ralph Nwosu, and other lawyers in the case vehemently opposed the application for the case transfer.
Mr Okpanachi, who corrected the narrative given to the court by Mr Haruna about the Supreme Court judgment, said the apex court also sustained and upheld the Appeal Court’s order of accelerated hearing.
He, however, said that the parties were yet to obtain the certified true copy (CTC) of the judgment to enable them to furnish the court with its full contents and allow the court to take an appropriate decision.
“It will be fair that this court is offered the CTC to know what is left,” he said.
Mr Okpanachi expressed surprise at Mr Gombe’s application for reassignment of the case.
According to him, the same letter to the CJ requesting the transfer of the case has not been served on us, either by the CJ or the plaintiff.
“As it is, we don’t know the form or content of this application,” he said.
He described Haruna’s application as “an ambush.”
“We will also consider it as an attempt to frustrate the order of the Appeal Court, which is sustained by the Supreme Court.”
He said as a respondent, “We make bold to say that a litigant is not allowed to choose which court his own case should be decided.”
According to Mr Okpanachi, the only good thing the application for the transfer of this matter has achieved is confirming the integrity of this court.
He said this was so because nothing had happened since the last adjournment.
“To drive home our point, this application cannot stop this honourable court with the hearing of this matter.
“And we would have insisted that the court should go on with the hearing today if not for the fact that my lord has not been availed with a copy of the Supreme Court judgment to be properly guided by it.
“In the circumstances, it is our humble prayer that the court reiterate its order adjourning the matter sine die for the court to be properly informed about the outcome of the appeal through an affidavit exhibiting the judgment.
“That is our position, my lord,” he said.
Mr Usman, who represented Mr Mark, aligned with Mr Okpanachi’s submission.
He said Mr Haruna’s private correspondence with the CJ was a disturbing one.
“It is not only unfortunate but a dangerous trend which must not be allowed to stand.
“We maintain absolute confidence in the integrity, impartiality and sound judicial discretion of this honourable court.
“The so-called letter in a normal view is a fundamental breach of procedure, amounting in law to an illegality and not a mere irregularity,” he said.
According to the lawyer, it is a clear case of forum shopping and judge shopping, and an attempt to mislead the honourable CJ, in view of the clear order of both the Appeal Court and the Supreme Court.
Mr Usman insisted that there was no clear order from the superior court directing that the case be remitted to the CJ for reassignment.
Kalu Kalu, who appeared for a party seeking to join (Nkemakolam Ukandu), and other lawyers also opposed Mr Haruna’s application.
Justice Nwite then stepped down the matter to deliver a ruling on the parties’ submissions.
(NAN)
