A Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to publish the names of candidates forwarded to it by the Chairman of the African Democratic Congress (ADC), Senator David Mark, in respect of the February 21 Area Council election in the Federal Capital Territory (FCT), Abuja.
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Justice Mohammed Umar made the order on Tuesday while delivering judgment in a suit filed by 17 candidates of the ADC, challenging the refusal of INEC to give them electronic access to enable them contest for elective positions in the forthcoming Area Council’s election.
Delivering judgment in the suit marked FHC/ABJ/CS/1907/25, Justice Umar held that the evidence provided by the plaintiffs was credible enough for him to attach “more probative value,” adding that the plaintiffs also proved their case beyond a reasonable doubt to earn the reliefs sought in their originating summons.
The judge subsequently made an order directing INEC to recognise and publish the names of the plaintiffs as candidates of the ADC for the various positions the plaintiffs contested for in the substitution primary election of the ADC, preparatory to the 2026 FCT Area Council elections.
Justice Umar further directed INEC to give the ADC electronic access to upload the names of the plaintiffs as its candidates for the various positions the plaintiffs contested for in the substitution primary election of the ADC preparatory to the 2026 FCT Area Council elections by virtue of Sections 29(1), 31, 33 and 84(1)(5)(6) of the 2022 Electoral Act and the Election Guidelines of INEC.
The names the judge ordered to be uploaded in INEC’s portal as candidates in the February 21 Area Council elections include: Jafaru Shaibu, Ayenajeyi Yakubu, Dauda Awode, Ezra Zaki, Sunday Abraham, Ayuba Adam, Jamilu Kabiru, Nuhu Madaki, Ibrahim Aliyou and Ogwuche Linus.
Others are: Chibuike Anyika, Okechukwu Ironkwe, Godwin Adoga, Agada John, Onuoha Goodness, Mahrazu Bichi and Tobias Obechina.
The plaintiffs had dragged INEC to court for denying the ADC access to upload their names as ADC candidates in the forthcoming elections.
In a 27-paragraph affidavit deposed to by one of the plaintiffs, Onuoha Goodness, the plaintiffs claimed that the 1st to 16th plaintiffs participated in the primary election of the ADC after the withdrawal of candidates who participated in the main primary election of the ADC, whose names were uploaded on the portal of the ADC before the close of submission on August 11, 2025.
She added that the 17th plaintiff was nominated as a vice chairmanship candidate of the ADC for the 2026 Abuja Municipal Area Council (AMAC) vice chairmanship election.
Goodness explained that after their emergence, ADC made efforts to upload their INEC Forms EC9 and EC13 to the portal, but could not get access to do so.
She explained that correspondence between ADC ICT staff and INEC ICT staff revealed that “the substitution notification letter from ADC to INEC was the issue, as the access code given to ADC through its former National Chairman could not be used by the current National Chairman of the ADC since INEC did not recognize the signatures of the current National Chairman and National Secretary of the ADC, that is Senator David Mark and Ogbeni Rauf Aregbesola.”
The plaintiffs claimed that they wrote a letter to INEC to give ADC access to upload their names as candidates in the February 21 election, but that INEC refused to receive the letter from their lawyer, Kalu Agu.
“INEC is hell-bent on denying ADC access to upload our names on the INEC portal,” they submitted.
Among issues raised for determination was whether by the provisions of the Electoral Act and Election Guidelines of INEC, it is mandatory on INEC to give electronic access to ADC to upload the names of the plaintiffs on its portal as candidates for the various positions the plaintiffs contested for in the substitution primary election of the ADC preparatory to the 2026 Federal Capital Territory Area Council Elections.
The plaintiffs urged that if the question was determined in their favour, the court should make an order directing INEC to give the ADC electronic access to upload their names and also publish the said names as candidates for the February 21 elections.
Having resolved the issue in favour of the plaintiffs, Justice Umar granted all the reliefs sought and ordered INEC to grant the required access and publish the names of the candidates accordingly.
The judgment represents a significant victory for the ADC and its candidates, who had been locked out of the electoral process due to INEC’s refusal to recognize the signatures of the party’s current leadership under Senator David Mark as National Chairman and Ogbeni Rauf Aregbesola as National Secretary.
With the February 21 Area Council elections fast approaching, the court’s order compels INEC to immediately grant the ADC the electronic access necessary to upload the candidates’ details and publish their names as official candidates for the polls.
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