Federal High Court in Abuja on Friday refused to hear an application filed by the African Democratic Congress’ 2023 presidential candidate, Dumebi Kachikwu, against the Independent National Electoral Commission and the Senator David Mark-led leadership of the party.
In a ruling, the presiding judge, Justice James Omotosho, refused to entertain the motion.
Kachikwu, through his counsel, Dayo Akinlaja (SAN), had sought an order compelling INEC to withdraw the publication of Mark and Rauf Aregbesola’s names as national chairman and secretary of the ADC, pending the determination of the substantive suit.
Recently, INEC recognised Mark, a former Senate President, and Aregbesola, a former governor of Osun State, as the party’s national chairman and national secretary, respectively.
But on July 7, Kachikwu and four others – Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William – filed an originating summons challenging the recognition of the duo.
The suit lists INEC, ADC, Chief Ralph Nwosu, Mark, and Aregbesola as the first to fifth defendants.
When the matter was called on Friday, Akinlaja told the court that a motion dated September 19 had been filed. He argued that despite the pendency of the suit, INEC went ahead to recognise Mark and Aregbesola as party leaders.
The plaintiffs asked the court to set aside the recognition and publication of their names, describing it as a breach of the doctrine of lis pendens. They also sought an injunction restraining Nwosu, Mark, and Aregbesola from further relating with INEC as ADC’s national officers.
But counsel for ADC, Shaibu Aruwa (SAN), along with other defence lawyers, opposed the application.
After listening to the arguments, Justice Omotosho declined to entertain the motion, marked FHC/ABJ/CS/1331/2025.
He said, “This court is not inclined to nullify anything at this stage, whether done before or now. This is a political case. I am not taking any interlocutory matter.”
Justice Omotosho held that all processes filed by the parties, including preliminary objections, would be taken together with the substantive case.
Despite repeated pleas by Akinlaja for the motion to be heard, the court stood its ground.
Justice Omotosho also granted an application for joinder filed by Nkemakolam Ukandu, the ADC deputy national secretary, and ordered that his name be added as a defendant.
He directed the plaintiffs to file the amended processes within 48 working hours and gave the defence seven days to respond. The case was adjourned till October 23 for hearing.
