The Federal High Court in Abuja on Friday, refused to hear an application filed by the 2023 presidential candidate of the African Democratic Congress, ADC, Dumebi Kachiku against the Independent National Electoral Commission, INEC, and David Mark-led leadership of the ADC.
DAILY POST reports that Kachikwu is seeking an order compelling INEC to, forthwith, withdraw the publication of Mark and Rauf Aregbesola’s names as national chairman and secretary of the party, pending the determination of the suit.
Justice James Omotosho, however, declined 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 said.
Instead, Justice Omotosho held that all the processes filed by the parties, including the preliminary objections of the defence,would be taken together with the substantive suit.
All efforts by Akinlaja to have his application heard were rebuffed by the judge.
Recall that INEC had, recently, recognised Mark, the former senate president, and Aregbesola, ex-governor of Osun, as ADC’s national chairman and national secretary.
Kachikwu and others had, on July 7, filed the originating summons to challenge the purported appointment and declaration of Mark and Aregbesola as national chairman and secretary of the party.
Others in the suit include Adikwu Elias, Etimbuk Umoh, Muhammed Khala, Alaku Godwin William as 2nd to 5th plaintiffs.
They named INEC, ADC, Chief Ralph Nwosu, Mark, Aregbesola as 1st to 5th defendants respectively.
When the case was called on Friday, Akinlaja informed the court that the matter was adjourned for hearing.
The lawyer, however, told the court that a motion was filed on Sept. 19 by the plaintiff.
He said the motion was hinged on the fact that despite the pendency of the suit in court, INEC chose to recognise the leadership of Mark and Aregbesola.
In the motion, the plaintiffs sought an order setting aside the purported recognition and publication of Mark and Aregbesola’s names as chairman and secretary of ADC.
They argued that the action, having been done during the pendency of the suit and in violation of the doctrine of lis pendens.
They also sought an order of injunction restraining Nwosu, Mark and Aregbesola from continuing to deal or relate with INEC in the capacity of national officers of the party.
Akinlaja, therefore, pleaded with the judge to have the motion taken but to no avail.
Shaibu Aruwa, SAN, who appeared for ADC, and other lawyers for the defence, opposed the application.
Justice Omotosho, who granted an application for joinder filed by Nkemakolam Ukandu, the deputy national secretary of ADC, made a consequential order for amendment of the suit to accommodate Ukandu’s name as a defendant.
The judge gave 48 working hours to the plaintiff’s to file their consequential amendment and seven days to the defence to respond.
He adjourned the matter until October 23 for hearing.
Court refuses Kachikwu’s motion against INEC, David Mark-led ADC leadership