ADC crisis: Court rejects Mark-led leadership's request for prompt hearing of Nafiu Balas case
A Federal High Court in Abuja has turned down a request by the Senator David Mark-led leadership of the African Democratic Party (ADC), seeking the hearing of all pending motions,
- Adjourns indefinitely pending outcome of appeal at Supreme Court
A Federal High Court in Abuja has turned down a request by the Senator David Mark-led leadership of the African Democratic Party (ADC), seeking the hearing of all pending motions, including the substantive case filed by an aggrieved chieftain of the party, Nafiu-Bala Gombe.
Justice Emeka Nwite, in a ruling on Tuesday, held that he could not proceed to hear the case because doing so when the jurisdiction of his court is being challenged by Mark at the Supreme Court would amount to wrestling jurisdiction with the apex court.
Justice Nwite said that though the facts of the case as stated by both parties were not in dispute, he, however, held that "the facts are glearing that an appeal had been entered" at the apex court.
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The judge also cited reliefs two and three in the motion on notice filed by Mark before the Supreme Court where he is seeking an order staying execution of the March 12 judgment of the Appeal Court and voiding the judgment.
The judge said: "It is trite law that where a court lacks jurisdiction to entertain a suit, no matter how beautiful the judgment is delivered, it will be a nullity," he said.
Justice Nwite also faulted the argument by lawyers to Mark and other defendantsthat since their case at the Supreme Court is an interlocutory appeal, such cannot operate to mean a stay of proceedings before the lower court.
The judge noted that the interlocutory appeal could likely dispense the case before his court, adding that the most honourable thing to do was to await the decision of the Supreme Court," he added.
He agreed with the lawyer to the plaintiff (Gombe) that it was proper to adjourn indefinitely.
Listed with Mark as defendants in the case, marked: FHC/ABJ/CS/1819/2025, are ADC, Rauf Aregbesola, Ralph Nwosu and the Independent National Electoral Commission (INEC).
