The Federal High Court in Abuja has declined an application by Dumebi Kachikwu seeking to stop the Independent National Electoral Commission (INEC) from recognizing Senator David Mark and Rauf Aregbesola as the national chairman and secretary of the African Democratic Congress (ADC), respectively.
Kachikwu, who was the ADC’s presidential candidate in the 2023 general election, had approached the court with a motion to reverse INEC’s publication of Mark and Aregbesola’s names as party executives.
He argued that the action was taken despite a pending lawsuit challenging the legitimacy of their appointment.
However, Justice James Omotosho refused to entertain the interlocutory motion, stating, “This court is not inclined to nullify anything at this stage… This is a political case. I am not taking any interlocutory matter.”
The judge insisted that all pending applications, including preliminary objections and the main suit, would be heard together during the substantive trial.
The legal dispute stems from a suit filed on July 7 by Kachikwu and four others, Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William, contesting the declaration of Mark and Aregbesola as ADC’s national leaders.
They listed INEC, the ADC, Chief Ralph Nwosu, David Mark and Rauf Aregbesola as defendants.
Kachikwu’s legal team, led by Dayo Akinlaja, SAN, argued that INEC’s action violated the legal principle of lis pendens, which prohibits parties from altering the status quo during ongoing litigation.
They also requested an injunction to prevent Mark, Aregbesola, and Nwosu from acting in official capacities with INEC.
Despite repeated efforts by Akinlaja to have the motion heard urgently, the judge stood firm on his position.
Meanwhile, a new party to the suit, Nkemakolam Ukandu, ADC’s Deputy National Secretary, was granted permission to join the case as a defendant.
The court subsequently ordered the plaintiffs to file amended processes within 48 working hours, while giving the defence seven days to respond.
The case has been adjourned until October 23, 2025, for hearing of the substantive matter.
