The Federal High Court in Abuja has declined to hear an application seeking to halt the Independent National Electoral Commission’s (INEC) recognition of former Senate President David Mark and former Osun State Governor Rauf Aregbesola as leaders of the African Democratic Congress (ADC).
The application, filed by Dumebi Kachikwu, the party’s 2023 presidential candidate, sought an order directing INEC to immediately withdraw the publication of Mark and Aregbesola’s names as ADC’s national chairman and secretary, pending the determination of a substantive suit challenging their appointments.
However, Justice James Omotosho on Friday refused to entertain the motion, marked FHC/ABJ/CS/1331/2025, insisting that all interlocutory applications and preliminary objections would be heard alongside the main case.
“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,” Justice Omotosho ruled, dismissing repeated pleas by Kachikwu’s counsel, Dayo Akinlaja (SAN), to have the motion considered separately.
The development comes after INEC recently recognised Mark and Aregbesola as the legitimate national chairman and secretary of the ADC — a decision Kachikwu and four others are challenging. The plaintiffs, including Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William, filed their originating summons on July 7, contesting the duo’s emergence as party leaders.
In their motion filed on September 19, the plaintiffs argued that INEC’s decision to recognise Mark and Aregbesola while the case was pending amounted to a violation of the legal principle of lis pendens. They sought orders nullifying the recognition, restraining the duo — alongside Chief Ralph Nwosu — from acting as national officers or engaging with INEC in that capacity.
The defence team, led by Shaibu Aruwa (SAN) for the ADC, opposed the application, insisting the case should proceed in line with established procedure.
Justice Omotosho also granted a motion for joinder by Nkemakolam Ukandu, the party’s deputy national secretary, ordering that his name be added as a defendant. The court directed the plaintiffs to file an amended suit within 48 working hours and gave the defence seven days to respond.
The matter has been adjourned to October 23.