The National Chairman of the African Democratic Congress, ADC, Senator David Mark, and the National Secretary of the party, Rauf Aregbesola, have kicked against a fresh attempt by a chieftain of the party, Nafiu Bala Gombe, to amend claims in the leadership suit filed against them.
Mark and Aregbesola urged Justice Peter Lifu of the Federal High Court in Abuja not to allow the proposed amendments to the allegations against them, arguing that doing so would lead to a miscarriage of justice.
At the resumed hearing of the case on Tuesday, Nafiu Gombe, a former Deputy National Chairman of the ADC, through his counsel, Lukman Fagbemi (SAN), moved an application seeking amendments to the originating summons he filed against the ADC, Mark, Aregbesola, and others, challenging the emergence of the defendants as new national officers of the party.
Describing it as the third amendment, Gombe insisted that he had the right under the law to make any amendments necessary to ensure justice in his suit.
The plaintiff predicated the proposed amendments on eight grounds and a six-paragraph affidavit, maintaining that the law backed his decision as long as judgment had not been delivered in the matter.
However, David Mark, represented by Senior Advocate of Nigeria (SAN), Dr. Suleiman Umar, vehemently opposed the application on several grounds.
The senior lawyer argued that the parties had already joined issues and that granting the proposed amendments would give the plaintiff an undue and undeserved advantage after seeing the strength of the defence already filed and served on him.
He urged the court to reject the application, describing it as detrimental to his client and contrary to the principles of natural justice.
Aregbesola, through his counsel, Rewan Okpanachi, alleged that Nafiu Bala Gombe had changed the character of his case against the defendants through the proposed amendments.
The former Governor of Osun State faulted the plaintiff’s new claims, adding that, contrary to the allegations, the National Executive Committee (NEC) of the ADC changed the national leadership on July 29, 2025, during a duly convened NEC meeting.
He argued that notice of the NEC meeting was served on the Independent National Electoral Commission (INEC) on July 1, as required by law, thereby ensuring the legality of the emergence of David Mark and Rauf Aregbesola as national leaders.
Referring to the earlier originating summons, Aregbesola said Nafiu Gombe had attached an unsigned copy of the ADC Constitution and, after seeing the defendants’ objections, had now introduced a signed copy in the amended process to strengthen his case.
Insisting that “he who comes to equity must come with clean hands,” Aregbesola urged Justice Lifu to reject the application on the ground that “new claims, different documents and exhibits have been introduced through the amendments.”
He argued that the proposed amendments were made in bad faith and constituted an abuse of court process because they were filed after the Supreme Court judgment directing an accelerated hearing of the matter.
The defendant urged the judge to hold that the proposed amendments lacked merit and should be dismissed.
Justice Lifu, after hearing arguments for and against the application, adjourned until July 7 to deliver a ruling on whether to allow the amendments.
Nafiu Gombe, a former National Deputy Chairman of the ADC, is seeking an order restraining Mark, the party’s National Secretary, Rauf Aregbesola, and others from parading themselves as leaders of the party.
The plaintiff sued the ADC, Mark, Aregbesola, the Independent National Electoral Commission (INEC), and the party’s former National Chairman, Ralph Nwosu, as first to fifth defendants, respectively.
Gombe argued that the emergence of Mark and Aregbesola as national leaders of the party violated the provisions of the ADC Constitution as well as the Electoral Act.
David Mark, Aregbesola kick against Nafiu Gombe’s bid to amend claims against them
