Mr Nafiu-Bala Gombe, a factional leader of the African Democratic Congress, ADC, has applied for the transfer of his case against Sen. David Mark-led leadership of the party from Justice Emeka Nwite of the Federal High Court in Abuja.
Gombe, through his lawyer, Luka Haruna, SAN, informed Justice Nwite shortly after the case was called for hearing, following the recent Supreme Court decision.
Earlier, Haruna drew the attention of the court to what transpired before the trial judge on the last adjourned date.
“With humility and respect to my lord, we wish to draw your lordship attention to the fact that this matter was adjourned sine die consequent upon the interlocutory application filed by the 2nd defendant (Mark) in this case.”
According to him, the interlocutory appeal of the 2nd defendant has travelled up to the Supreme Court.
“We are glad to inform this honourable court that on the 30th day of April, 2026, the Supreme Court has delivered his judgment in the interlocutory appeal, dismissing the said appeal for lacking in merit.
“However, the Supreme Court again set aside the order made by the Court of Appeal, staying all actions pending the determination of the case before your lordship,” he said.
Haruna, therefore, told Justice Nwite that today’s proceeding was the first time the matter would be coming up in the court after its indefinite adjournment on April 14.
The lawyer, however, said that the plaintiff (Gombe) had written a letter to the Chief Judge of the FHC, John Tsoho, on May 4, requesting for the transfer of the case to another judge.
“I can confirm that the same letter has been transmitted to the registry of this honourable court.
“At this juncture, we must humbly pray to your lordship to wait for the administrative decision of the CJ,” he said.
According to him, whichever way Honourable Chief Judge decides, either to grant or refuse the application, the plaintiff is bound by this decision,” he said.
Haruna, however, said he had just gotten a confirmation from the defence lawyers that the said letter had not been served on them.
Lawyer to ADC, Rilwan Okpanachi; Suleiman Usman, SAN, who appeared for Mark; Mohammed Sheriff, who represented Ogbeni Rauf Aregbesola; P. I. Oyewole, counsel for Chief Ralph Nwosu, and other lawyers in the case vehemently opposed application for the case transfer.
Okpanachi, who correct the narrative given to court by Haruna about the Supreme Court judgment, said the apex also sustained and upheld the order of accelerated hearing made by the Appeal Court.
He, however, said that parties were yet to obtain the certified true copy (CTC) of the judgment to enable them furnish the court with its full content and to allow the court takes appropriate decision.
“It will be fair that this court is offered the CTC to know what is left,” he said.
Okpanachi expressed surprise at Gombe’s application for reassignment pf the case.
According to him, the same letter to the CJ requesting for transfer of the case has not been served on us, either by the CJ or the plaintiff.
“As it is, we don’t know the form or content of this application,” he said.
He described Haruna’s application as “an ambush.”
“We will also consider it as an attempt to frustrate the order of Appeal Court which is sustained by the Supreme Court.”
He said as respondent, “we make bold to say that a litigant is not allow to choose which court where his own case should be decided.”
According to Okpanachi, the only good thing the application for the transfer of this matter has achieved is that the integrity of this court has been confirmed.
He said this was so because nothing had happened since the last adjournment.
“To drive home our point, this application cannot stop this honourable court with the hearing of this matter.
“And we would have insisted that the court should go on with the hearing today if not for the fact that my lord has not been availed with a copy of the Supreme Court judgment to be properly guided by it.
“In the circumstance, it is our humble prayer that the court reiterate its order adjourning the matter sine die for the court to be properly informed about the outcome of the appeal through affidavit exhibiting the judgment.
“That is our position my lord,” he said.
Usman, who represented Mark, aligned with Okpanachi’s submission.
He said Haruna’s private correspondence with the CJ was a disturbing one.
“It is not only unfortunate but a dangerous trend which must not be allowed to stand.
“We maintain absolute confidence in the integrity, impartiality and sound judicial discretion of this honourable court.
“The so-called letter in a normal view, is a fundamental breach of procedure, amounting in law to an illegality and not a mere irregularity,” he said.
According to the lawyer, it is a clear case of forum shopping and judge shopping, and an attempt to mislead the honourable CJ, in view of the clear order of both the Appeal Court and Supreme Court.
Usman insisted that there was no clear order by the superior court that the case should be remitted back CJ for reassignment.
Kalu Kalu, who appeared for a party seeking to join (Nkemakolam Ukandu), and other lawyers also opposed Haruna’s application.
Justice Nwite then stepped down the matter to deliver ruling on the parties’ submissions.
