The Federal High Court in Abuja on Friday dismissed the application filed by the Sen. David Mark-led leadership of African Democratic Congress (ADC) challenging Nafiu-Bala Gombe’s plan to amend his suit. Gombe, a former Deputy National Chairman of ADC, had, in his suit, prayed the court to stop Mark and Rauf Aregbesola from parading themselves as leaders of the party.
Gombe, in a motion filed by his lawyer, Lukman Fagbemi, SAN, had sought to amend the reliefs in his originating summons but Mark and Aregbesola raised objections. Justice Peter Lifu, in a ruling, held that the objections by Mark, the embattled ADC’s National Chairman, and Aregbesola, the National Secretary, were frivolous, baseless and without an iota of merit. Justice Lifu held that the amendment sought by the plaintiff, which was to give life to his case, was a normal attempt in a civil litigation to ensure that miscarriage of justice is prevented.
Besides, the judge held that Gombe’s application was occasioned by a change of counsel adding that the apprehension exhibited by Mark-led leadership was unnecessary and uncalled for. Justice Lifu said that Mark and other defendants in the matter were at liberty to file counter affidavit against the amended originating summons to indicate consequential amendment to the earlier one. He said that after perusing the whole objections of the defendants, he was unable to see where they would be jeopardised if the amendment was granted.
Justice Lifu consequently dismissed the objections and allowed the amendment by the plaintiff. The judge also awarded a fine of N500, 000 each against Mark and Aregbesola to be paid to Gombe. Mark and Aregbesola had opposed the attempt by Gombe to amend claims in the leadership suit filed against them.
The duo had urged Justice Lifu not to allow the amendment to the allegations against them on the ground that doing so would lead to a miscarriage of justice. Gombe, through his lawyer, had moved the application seeking amendment 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. Gombe insisted that he had the right under the law to make any amendment necessary to ensure justice in his suit.
The plaintiff had predicated the proposed amendment on eight grounds and a six-paragraph affidavit, maintaining that the la…
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