A crucial hearing in a suit challenging the leadership of the African Democratic Congress (ADC), led by David Mark, was postponed on Monday at the Federal High Court in Abuja. The proceedings could not advance due to the plaintiff's failure to properly serve court papers on key defendants, a requirement stipulated by law.

Justice Emeka Nwite, who is presiding over the party leadership dispute, has set September 30 as the new date for the hearing. During the initial proceedings, the counsel for the plaintiff, Michael Agber, asserted that all court processes and orders had been duly served on the five defendants involved in the legal dispute. However, Justice Nwite's review of the court file revealed no proof of service, contradicting the counsel's claim.

In a subsequent turn of events, the plaintiff’s lawyer admitted to serving David Mark, Ogbeni Rauf Aregbesola, and Chief Ralph Nwosu—who are the 2nd, 3rd, and 5th defendants, respectively—indirectly through the ADC. Justice Nwite promptly highlighted the flaw in this mode of service, emphasizing that the law mandates individual service of court papers on Mark, Aregbesola, and Nwosu. The Judge further clarified that for such service to be deemed valid, a prior order for substituted service must be obtained from the court, which had not been done.

Acknowledging the errors in the service method, the plaintiff’s lawyer requested an adjournment to rectify the situation. Following this, Justice Nwite instructed the plaintiff’s lawyer to serve court papers on the Independent National Electoral Commission (INEC) in open court, an order that was immediately complied with. The ADC, represented by Senior Advocate of Nigeria (SAN) Shuaib Eneojoh Aruwa, also contended that the party had not been fully served in accordance with legal requirements by the plaintiff.

The suit was originally filed as an ex-parte application by Mr. Nafiu-Bala Gombe, a former Deputy National Chairman of ADC. Gombe sought a court order to prevent David Mark and other individuals from assuming the party's leadership, pending the resolution of his originating summons that contests the decision to take over the party. With the issues of service now clarified, the court anticipates a substantive hearing on September 30.