Hearing in a suit seeking to stop the David Mark-led leadership of the African Democratic Congress (ADC) was stalled yesterday at the Federal High Court, 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 dispute, has however fixed September 30 for the hearing of the suit.
During the proceedings, counsel to the plaintiff. Michael Agber, had claimed that all processes and orders 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 lawyer later claimed that he served David Mark, 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 required 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 court.
Having admitted errors in the mode of service of court papers, the plaintiff lawyer sought for adjournment to enable him put his house in order.
Justice Nwite ordered the plaintiff lawyer to serve the court papers on 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 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.
