The Abuja Division of the Federal High Court, on Friday, refused to hear an application filed by Dumebi Kachiku against the Independent National Electoral Commission (INEC) and the David Mark-led leadership of the African Democratic Congress (ADC).
Mr Kachikwu, the 2023 presidential candidate of ADC, is seeking an order compelling INEC to forthwith withdraw the unlawful publication of Mr 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 Mr Kachikwu’s behalf.
“This court is not inclined to nullify anything at this stage, whether done before or now. This is a political case,” Mr Omotosho said. “I am not taking any interlocutory matter.”
Instead, Mr 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 Mr Akinlaja to have his application heard were rebuffed by the judge.
INEC had recently recognised Mr Mark, a former Senate president, and Mr Aregbesola, ex-governor of Osun, as ADC’s national chairman and national secretary.
Mr Kachikwu and others had, on July 7, filed the originating summons to challenge the purported appointment and declaration of Messrs Mark and Aregbesola as national chairman and secretary of the party.
Others in the suit include Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William as the second to fifth plaintiffs.
They named INEC, ADC, Ralph Nwosu, and Messrs Mark and Aregbesola as the first to the fifth defendants, respectively.
When the case was called on Friday, Mr Akinlaja informed the court that the matter was adjourned for hearing.
The lawyer, however, told the court that a motion was filed on September 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 Messrs Mark and Aregbesola.
In the motion, the plaintiffs sought an order setting aside the purported recognition and publication of Messrs Mark and Aregbesola’s names as chairman and secretary of ADC.
They argued that the action had 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 Messrs Nwosu, Mark, and Aregbesola from continuing to deal or relate with INEC in the capacity of national officers of the party.
Mr 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.
Mr 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 Mr Ukandu’s name as a defendant.
The judge gave the plaintiffs 48 working hours to file their consequential amendment and seven days to the defence to respond.
He adjourned the matter until October 23 for a hearing.
(NAN)
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