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| Dumebi Kachikwu. |
The Federal High Court sitting in Abuja on Friday declined to hear an application brought by the African Democratic Congress's (ADC) 2023 presidential candidate, Dumebi Kachikwu, against the Independent National Electoral Commission (INEC) and the party leadership led by Senator David Mark.
In a ruling, Justice James Omotosho refused to consider the motion.
Kachikwu, represented by his lawyer, Dayo Akinlaja (SAN), had requested an order compelling INEC to retract the publication of the names of Mark and Rauf Aregbesola as the national chairman and national secretary of the ADC, respectively, pending the outcome of the main suit.
INEC had recently acknowledged Mark, a former Senate President, and Aregbesola, a former Osun State governor, as the party’s chairman and secretary.
On 7 July, Kachikwu and four other plaintiffs – Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William – filed an originating summons to challenge the recognition of the pair.
The suit identified INEC, the ADC, Chief Ralph Nwosu, Mark, and Aregbesola as the first to fifth defendants.
When the matter was called on Friday, Akinlaja informed the court that a motion dated 19 September had been filed. He argued that, even though the suit was ongoing, INEC had still proceeded to recognise Mark and Aregbesola as party executives.
The plaintiffs requested the court to nullify the recognition and publication of their names, describing the move as a violation of the doctrine of lis pendens. They also asked for an injunction to prevent Nwosu, Mark, and Aregbesola from engaging with INEC as national officers of the ADC.
However, counsel to the ADC, Shaibu Aruwa (SAN), along with other lawyers representing the defence, opposed the application.
After listening to the arguments, Justice Omotosho declined to take up the motion, which was 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.”
The judge ruled that all documents and motions filed by the parties, including preliminary objections, would be considered together alongside the substantive matter.
Despite repeated appeals by Akinlaja for the court to hear the motion, the judge maintained his position.
Justice Omotosho also approved a joinder application filed by Nkemakolam Ukandu, the ADC’s deputy national secretary, and ordered that his name be added as a defendant in the case.
He directed the plaintiffs to submit the amended court documents within 48 working hours and gave the defence seven days to respond. The matter was adjourned to 23 October for hearing.
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