Follow Us on Google
From Godwin Tsa, Abuja
The Federal High Court, Abuja, has dismissed objections raised by the National Chairman of the African Democratic Congress (ADC), Senator David Mark, and the party’s National Secretary, Rauf Aregbesola, against a bid by a chieftain of the party, Nafiu Bala Gombe, to amend his claims in the leadership dispute suit filed against them.
Justice Peter Odo Lifu, in a ruling on Friday, held that the objections were frivolous, baseless and lacking merit, describing the proposed amendment as a normal step in civil litigation aimed at preventing a miscarriage of justice.
The judge noted that the amendment became necessary following a change of counsel, adding that the apprehension expressed by Mark was unnecessary and uncalled for.
He said that after reviewing the objections, he found nothing to suggest that the defendants would be overreached or prejudiced if the amendment were granted.
Other News
Justice Lifu consequently allowed the amendment and imposed a fine of ₦500,000 each on Mark and Aregbesola, payable to Gombe.
He also held that the defendants remained at liberty to file a counter-affidavit against the amended originating summons.
Gombe, a former Deputy National Chairman of the ADC, had, through his counsel, Lukman Fagbemi (SAN), sought to amend the originating summons filed against the ADC, Mark, Aregbesola and others, challenging their emergence as new national officers of the party. He anchored the application on eight grounds and a six-paragraph affidavit, arguing that he was entitled under the law to amend his case at any time before judgment.
Mark, represented by Dr Suleiman Umar (SAN), opposed the application, arguing that issues had already been joined between the parties and that granting the amendment would hand Gombe an undue advantage after he had seen the strength of the defence already filed.
