IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO. FHC/ABJ/CS/1819/2025
BETWEEN:
HON. NAFIU BALA GOMBE — PLAINTIFF
AND:
1. AFRICAN DEMOCRATIC CONGRESS (ADC)
2. SENATOR DAVID MARK
3. OGBENI RAUF AREGBESOLA
4. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
5. CHIEF RALPH NWOSU
— DEFENDANTS
4TH DEFENDANT AFFIDAVIT TO SHOW CAUSE WHY THE APPLICATION OF THE PLAINTIFF SHOULD NOT BE GRANTED
I, Jacob Ayuba, Adult, Male, Public Officer of Plot 436 Zambezi Crescent, Maitama District, Abuja do hereby make oath and state as follows:
I am an Assistant Executive Officer in the employment of the 4th Defendant and by virtue of my position, I am familiar with the facts of this case and all the facts deposed herein are within my personal knowledge except where otherwise stated.
I have the authority and consent of the 4th Defendant to depose to this Affidavit.
That on the 10th day of September 2025, the 4th Defendant was served with the Plaintiff’s Originating Summons, Further and Better Affidavit in Support of the Motion on Notice filed by the Plaintiff and Certified True Copy of the enrolment Order of this Honourable Court dated Thursday the 4th day of September, 2025 wherein the Court ordered that Defendants/Respondents be put on notice of the reliefs being sought for by the Plaintiff/Applicant and show cause by affidavit why this Honourable Court should not make the orders as prayed.
That the 4th Defendant was not served with any Motion on Notice filed by the Plaintiff.
That I have read the reliefs contained in the Motion Ex Parte dated and filed 2nd day of September, 2025 by the Plaintiff/Applicant in the enrolled Order to show cause served on the 4th Defendant.
The reliefs sought in the Motion Ex Parte are in substance the same as prayers (1), (2), and (5) in the Plaintiff’s Originating Summons filed on 2nd September, 2025, which are already pending before this Honourable Court.
That granting the interim/interlocutory injunction sought would amount to pre-judging the substantive issues in the suit and granting the Plaintiff’s reliefs at an interlocutory stage.
That the 4th Defendant on 4th day of July, 2025 received a letter dated same 4th July, 2025 “Notice of Intention to hold our National Executive Committee (NEC) Meeting” from the 1st Defendant notifying and inviting it to attend and monitor the Party’s National Executive Committee (NEC) meeting fixed for 29th July, 2025 at ADC Global Campus, No. 4 Oyo Street, Opposite Dannic Hotel, Area 2, Garki, Abuja and the 1st Defendant was informed of the change of venue to Chelsea Hotel at Central Business District, Abuja. Now shown to me and marked Exhibit “INEC 1” is a copy of the said letter dated 4th July, 2025 of the Notice of Intention to hold our National Executive Committee (NEC) Meeting received from the 1st Defendant.
That I further know as a fact that the 4th Defendant pursuant to the said invitation and in line with its statutory and constitutional mandate, deployed its officials who attended and monitored the said National Executive Committee (NEC) meeting held at Chelsea Hotel at Central Business District, Abuja on the 29th day of July, 2025.
That the 4th Defendant’s officials who monitored the said NEC meeting submitted a written report on same to the 1st Defendant at its Headquarters in Maitama, Abuja being the custodian of all monitoring reports and the report shows what transpired at the said NEC meeting of the 2nd Defendant. A copy of the said report is hereby attached and marked as Exhibit “INEC 2”.
That the 4th Defendant pursuant to its monitoring report of the outcome of the 1st Defendant’s National Executive Committee (NEC) meeting held at Chelsea Hotel at Central Business District, Abuja on the 29th day of July, 2025 effected the changes of the 1st Defendant’s national leadership in its record and recognized 2nd and 3rd Defendants as National Chairman and National Secretary respectively of the 1st Defendant.
The 4th Defendant in furtherance of the change of leadership in the 1st Defendant’s National Working Committee also uploaded the names of all the National Officers of the Party on its website. A copy of the list of the National Officers of the 1st Defendant uploaded on the 4th Defendant is herein attached and marked as Exhibit “INEC 3”.
The acts the Plaintiff/Applicant seeks to restrain by the ex parte application have already been completed, to wit:
a. The National Executive Committee (NEC) Meeting of the 1st Defendant fixed for 29th July, 2025 has been held wherein the 5th Defendant and his other national officers of the Party resigned their positions and appointed 2nd and 3rd Defendants as interim National Chairman and National Secretary respectively.
b. That based on the outcome of the 1st Defendant’s NEC Meeting of 29th July, 2025, the 4th Defendant has already accorded recognition to the 2nd and 3rd Defendants as the National Chairman and National Secretary respectively of the Party and reflected same on the 4th Defendant’s website.
That I know as a fact that an injunction cannot lie to stop a completed act (that is, recognition of the 2nd and 3rd Defendants as National Chairman and National Secretary of the 1st Defendant and the publication of their names on the 4th Defendant’s website).
That the Plaintiff’s application is in substance an invitation to this Honourable Court to delve into issues of internal/domestic affairs of the 1st Defendant as a political party.
That I know as a fact that a Court of record should not dabble into a political question which remains the exclusive preserve of political parties which should be allowed to do their things.
That the Plaintiff’s grievances as contained in his Originating Summons relate solely to the 1st Defendant’s internal processes of changing National Officers of the Party.
That I know as a fact that the jurisdiction of the Court in party affairs is limited to where its complaint is about the conduct of its primaries for the selection/nomination of a candidate and which is not the case of the Plaintiff in this case.
That I know as a fact that this Honourable Court being a subordinate Court to the Supreme Court is bound to enforce the decisions of the Supreme Court in APC v. Moses (2021) 14 NWLR (Pt 1796) 295 at 321, Jegede v. INEC (2021) 14 NWLR (Pt. 1797) 409 at pages 562–563, paras G–E, and in SC/CV/18/2025 between Sen. Samuel N. Anyanwu v. Aniagu Emmanuel & 3 : 0rs delivered on the 21st day of March 2025 on domestic affairs of the political party.
That it is in the interest of justice to refuse the application of interim junction file by the plaintiff
I depose to this Affidavit in good faith and in accordance with the extant Oath Act.
Sworn to at the registry of the Federal High Court, Abuja.
This 12th day of September, 2025.
