The Federal High Court in Abuja on Friday halted an attempt by Dumebi Kachikwu to stop the recognition of the Sen. David Mark-led leadership of the African Democratic Congress (ADC) by the Independent National Electoral Commission (INEC).
Kachikwu, the 2023 presidential candidate of ADC, had sought an order compelling INEC to immediately withdraw the publication of Mark and Rauf Aregbesola’s names as national chairman and secretary of the party pending the determination of the substantive suit.
However, Justice James Omotosho declined to hear the motion marked: FHC/ABJ/CS/1331/2025, filed by Kachikwu’s lawyer, Dayo Akinlaja, SAN.
“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 said.
Instead, Justice Omotosho ruled that all processes filed by the parties, including the defence’s preliminary objections, would be taken together with the substantive suit.
All efforts by Akinlaja to have the application entertained were rebuffed by the judge.
It would be recalled that INEC recently recognised Mark, former Senate President, and Aregbesola, former Governor of Osun State, as ADC’s national chairman and national secretary.
Kachikwu and four others — Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William — had, on July 7, filed an originating summons challenging the purported appointment and declaration of Mark and Aregbesola as national chairman and secretary of the party.
They listed INEC, ADC, Chief Ralph Nwosu, Mark, and Aregbesola as 1st to 5th defendants in the case.
When the matter came up on Friday, Akinlaja informed the court that the case was fixed for hearing and noted that a motion was filed on September 19 by the plaintiffs.
He explained that the motion was based on the fact that INEC, despite the pendency of the suit, went ahead to recognise Mark and Aregbesola as ADC leaders.
In the motion, the plaintiffs asked the court to set aside the purported recognition and publication of their names as national chairman and secretary of ADC.
They argued that the action violated the doctrine of lis pendens, since it was carried out while the suit was pending.
They also sought an injunction restraining Nwosu, Mark, and Aregbesola from continuing to relate with INEC as national officers of the party.
But Akinlaja’s plea to have the motion heard was rejected.
On their part, Shaibu Aruwa, SAN, counsel for ADC, and other defence lawyers, strongly opposed the application.
Justice Omotosho, however, granted an application for joinder brought by Nkemakolam Ukandu, the deputy national secretary of ADC, and ordered an amendment of the suit to include his name as a defendant.
The judge gave the plaintiffs 48 working hours to file the amended processes and directed the defence to respond within seven days.
The matter was then adjourned to October 23 for hearing.
