Hearing in a suit seeking to stop David Mark-led leadership of the African Democratic Congress (ADC) was stalled on Mondaymat the Federal High Court in Abuja.
The suit could not go on following the failure to serve court papers on David Mark and others as required by law.
Justice Emeka Nwite billed to adjudicate in the party leadership dispute has, however, fixed September 30 as new date for hearing.
During the proceedings, Counsel to the plaintiff, Michael Agber, had claimed that all processes and order made by the court had been served on the five defendants involved in the legal battle.
However, Justice Nwite, after searching through the court file, could not find the proof of service.
In the drama that ensued, the plaintiff’s lawyer later claimed that he served David Mark, Ogbeni Rauf Aregbesola, and Chief Ralph Nwosu, who are 2nd, 3rd and 5th defendants in the suit through the ADC.
Justice Nwite, in response, faulted the mode of the service, adding that the law requires the plaintiff to serve court papers on Mark, Aregbesola and Nwosu individually.
The Judge held that there was no proper service, yet adding that for such service to be valid, an order for substituted service must first be obtained from the court.
Having admitted errors in the mode of service of court papers, the plaintiff’s lawyer sought for adjournment to enable him to put his house in order.
Justice Nwite ordered the plaintiff’s lawyer to serve the court papers on the Independent National Electoral Commission (INEC) in the open court and was complied with.
The ADC represented by a Senior Advocate of Nigeria (SAN), Shuaib Eneojoh Aruwa, claimed that the party had not been fully served in compliance with the law by the plaintiff.
In the end, Justice Nwite fixed September 30 for hearing of the suit.
A former Deputy National Chairman of ADC,
Mr Nafiu-Bala Gombe, had filed an ex-parte application where he sought order of court to restrain David Mark and others from assuming the leadership of the party pending the resolution of his originating summons challenging the decision to take over the party.
