The Federal High Court in Abuja on Friday refused to hear an application filed by Dumebi Kachikwu, the 2023 presidential candidate of the African Democratic Congress (ADC), against the Independent National Electoral Commission (INEC) and the leadership led by Senator David Mark.
Kachikwu is seeking an order compelling INEC to, forthwith, withdraw the “unlawful publication” of Mark and Rauf Aregbesola’s names as the national chairman and secretary of the party, pending the determination of the main suit.
Justice James Omotosho declined to hear the motion, marked: FHC/ABJ/CS/1331/2025, which was brought by Dayo Akinlaja, SAN, on Kachikwu’s behalf.
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The Judge stated his reason for refusing to entertain the application, which was asking the court to set aside the recognition of the new leadership:“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 processes filed by the parties, including the defense’s preliminary objections, would be taken together with the substantive suit at the next hearing.
All efforts by Akinlaja to have his application heard were “rebuffed” by the judge.
The motion was based on the claim that despite the pendency of the suit, INEC chose to recognize the leadership of Mark, the former Senate President, and Aregbesola, the ex-Governor of Osun State, which the plaintiffs argued was a violation of the doctrine of lis pendens.
The plaintiffs had also sought an order restraining Chief Ralph Nwosu, Mark, and Aregbesola from dealing with INEC as national officers.
The court did grant an application for joinder filed by Nkemakolam Ukandu, the deputy national secretary of ADC, and ordered an amendment of the suit to include Ukandu’s name as a defendant.
The judge gave the plaintiffs 48 working hours to file their consequential amendment and seven days for the defense to respond.
The matter was adjourned until October 23 for hearing.
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