The hearing of a suit filed by former African Democratic Congress (ADC) Deputy National Chairman Nafiu-Bala Gombe seeking the Federal High Court Abuja, to restrain David Mark and Rauf Aregbesola from parading themselves as the party’s National Chairman and National Secretary, respectively was stalled due to non-service of court processes on the duo.

However, Justice Emeka Nwite fixed September 30 as the new date for the hearing. Lawyer for the plaintiff Mi- chael 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, Agber later claimed that he served Mark, Rauf Aregbesola and Ralph Nwosu, who are 2nd, 3rd and 5th defendants in the suit through the ADC.

Justice Nwite faulted the mode of the service, adding that the law required the plaintiff to serve court papers on Mark, Aregbesola and Nwosu individually. He 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 the court.

Having admitted errors in the mode of service of court papers, Agber sought an adjournment to enable him to put his house in order. Justice Nwite ordered the plaintiff to serve the court papers on the Independent Na- tional Electoral Commission (INEC) in the open court and was complied with. The ADC represented by Shuaib Aruwa (SAN) claimed that the party had not been fully served in compliance with the law by the plaintiff.