The Federal High Court in Abuja on Friday declined to entertain an application filed by Dumebi Kachikwu against the Independent National Electoral Commission (INEC) and the Sen. David Mark-led leadership of the African Democratic Congress (ADC).
Kachikwu, the ADC’s 2023 presidential candidate, is seeking an order compelling INEC to withdraw what he described as the unlawful publication of Mark and Rauf Aregbesola’s names as national chairman and secretary of the party pending determination of the suit.
Justice James Omotosho, however, refused to hear the motion, marked FHC/ABJ/CS/1331/2025, which was brought by Dayo Akinlaja, SAN, on Kachikwu’s behalf.
“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,” he ruled.
Instead, the judge said all processes filed by the parties, including preliminary objections from the defence, would be taken alongside the substantive suit.
All attempts by Akinlaja to have the motion entertained were rejected.
INEC had recently recognised Mark, a former senate president, and Aregbesola, ex-governor of Osun, as the ADC’s national chairman and secretary.
Kachikwu and others had, on July 7, filed the originating summons challenging the purported appointment and declaration of Mark and Aregbesola as the party’s leaders.
Other plaintiffs in the suit include Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William.
Defendants named in the matter are INEC, ADC, Chief Ralph Nwosu, Mark, and Aregbesola.
When the case was called on Friday, Akinlaja reminded the court that the matter was scheduled for hearing and pointed out that a motion had been filed on Sept. 19.
He argued that despite the pending suit, INEC went ahead to recognise Mark and Aregbesola. The plaintiffs sought an order setting aside the recognition, describing it as a violation of the doctrine of lis pendens.
They also asked for an injunction restraining Nwosu, Mark, and Aregbesola from relating with INEC as ADC national officers.
Lawyers for the defence, including Shaibu Aruwa, SAN, opposed the application.
Justice Omotosho granted an application for joinder filed by Nkemakolam Ukandu, ADC’s deputy national secretary, and ordered the suit amended to include his name as a defendant.
The judge gave the plaintiffs 48 working hours to file the amendment and seven days for the defence to respond.
The matter was adjourned until Oct. 23 for hearing.
(NAN)