Justice Emeka Nwite of the Federal High Court, Abuja, has adjourned indefinitely a suit filed by a former Deputy National Chairman of the African Democratic Congress (ADC), Nafiu Bala, challenging the leadership of David Mark.
In a ruling, Justice Nwite held that it would amount to “judicial rascality” to proceed with the case while an interlocutory appeal is still pending before the Supreme Court of Nigeria.
The judge said the issue before the apex court could effectively determine or dispose of the matter before the trial court.
At the hearing, Bala’s counsel, Lukman Fagbemi, informed the court that an interlocutory appeal arising from the court’s February 13 decision is pending before the Supreme Court. He urged the court to adjourn the matter pending the determination of the appeal.
In response, counsel to the ADC, Shuaibu Aruwa, argued that the court could proceed with hearing the substantive suit and await the Supreme Court’s decision before delivering judgment.
Aligning with this position, counsel to David Mark, Suleiman Usman, said that since the application for a stay of execution of the appellate court’s order had been withdrawn and struck out, there was nothing preventing the trial court from proceeding with the case.
He added that the court could hear and determine pending applications while awaiting the Supreme Court’s ruling. Other counsel in the matter also aligned themselves with this position.
However, Justice Nwite held that the proper course was to await the decision of the apex court, noting that the issue before it could resolve the dispute at the trial level.
He consequently adjourned the matter indefinitely, pending the hearing and determination of the appeal at the Supreme Court.
In the suit, Bala maintained that he never resigned his position as National Vice Chairman of the party and argued that he should have assumed leadership in line with the party’s constitution following the exit of the former National Chairman, Nwosu.