The Federal High Court in Abuja on Friday refused to hear an application filed by Dumebi Kachikwu against the Independent National Electoral Commission (INEC) and the Senator David Mark-led leadership of the African Democratic Congress (ADC).
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Kachikwu, the ADC’s 2023 presidential candidate, is seeking an order compelling INEC to immediately withdraw what he described as the unlawful publication of the names of David Mark and Rauf Aregbesola as the party’s national chairman and national secretary, respectively, pending the determination of the substantive suit.
Justice James Omotosho, however, declined to hear the motion, marked FHC/ABJ/CS/1331/2025, filed by Dayo Akinlaja, SAN, on behalf of Kachikwu.
“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 ruled.
Instead, the judge held that all the processes filed by the parties, including the preliminary objections raised by the defence, would be taken together with the substantive suit.
All efforts by Akinlaja to persuade the court to hear his motion were rebuffed.
INEC had recently recognised Mark, a former Senate President, and Aregbesola, a former Governor of Osun State, as the 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 the originating summons challenging the purported appointment and recognition of Mark and Aregbesola as the party’s leaders.
They listed INEC, ADC, Chief Ralph Nwosu, Mark, and Aregbesola as the 1st to 5th defendants.
When the case came up on Friday, Akinlaja informed the court that the matter was slated for hearing and noted that a motion had been filed on September 19 by the plaintiffs.
He said the motion was based on the fact that despite the pendency of the suit, INEC went ahead to recognise the leadership of Mark and Aregbesola.
In the motion, the plaintiffs sought an order setting aside the recognition and publication of Mark and Aregbesola’s names as ADC’s national officers, arguing that the action violated the doctrine of lis pendens, which bars parties from altering the subject matter of a pending case.
They also sought an injunction restraining Nwosu, Mark, and Aregbesola from dealing or relating with INEC in the capacity of national officers of the party.
However, counsel to ADC, Shaibu Aruwa, SAN, and other defence lawyers opposed the application.
Justice Omotosho also granted an application for joinder filed by Nkemakolam Ukandu, the party’s deputy national secretary, and ordered that his name be added as a defendant.
He directed the plaintiffs to file their consequential amendment within 48 working hours and gave the defence seven days to respond.
The matter was adjourned until October 23 for hearing.
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