COURT REFUSES KACHIKWU’S MOTION AGAINST INEC, DAVID MARK-LED ADC LEADERSHIP

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The Federal High Court in Abuja on Friday declined to entertain a petition lodged by Dumebi Kachiku against the Independent National Electoral Commission (INEC) and the leadership of the African Democratic Congress (ADC) led by Sen. David Mark.

Kachikwu, the ADC’s presidential candidate for 2023, seeks a directive compelling INEC to immediately retract the unauthorized announcement of Mark and Rauf Aregbesola’s names as the national chairman and secretary of the party until the resolution of the case.

Justice James Omotosho, however, opted not to consider the motion, labeled: FHC/ABJ/CS/1331/2025, which was presented by Dayo Akinlaja, SAN, on behalf of Kachikwu.

“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 stated.

Instead, Justice Omotosho determined that all documents submitted by the parties, including the preliminary objections from the defense, would be examined concurrently with the main suit.

All attempts by Akinlaja to have his motion presented were rejected by the judge.

It is worth noting that INEC had recently acknowledged Mark, the former Senate president, and Aregbesola, the former governor of Osun, as the national chairman and national secretary of the ADC.

Kachikwu and others had initiated the originating summons on July 7 to contest the alleged appointment and announcement of Mark and Aregbesola as national chairman and secretary of the party.

Others involved in the suit include Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William, designated as the 2nd to 5th plaintiffs.

The defendants named in the case are INEC, ADC, Chief Ralph Nwosu, Mark, and Aregbesola, in that order.

When the case was called on Friday, Akinlaja notified the court that the matter had been postponed for consideration.

The attorney subsequently informed the court that a motion was submitted on September 19 by the plaintiff.

He stated that the motion was based on the fact that, despite the ongoing suit, INEC opted to validate the leadership of Mark and Aregbesola.

In the motion, the plaintiffs sought an order nullifying the alleged recognition and announcement of Mark and Aregbesola’s names as chairman and secretary of the ADC.

They contended that the action was taken during the ongoing suit and in breach of the doctrine of lis pendens.

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They also requested an injunction restraining Nwosu, Mark, and Aregbesola from further engaging or interacting with INEC in their capacities as national officers of the party.

Akinlaja, therefore, urged the judge to consider the motion, but to no avail.

Shaibu Aruwa, SAN, representing the ADC, along with other defense counsel, opposed the petition.

Justice Omotosho granted a motion for joinder filed by Nkemakolam Ukandu, the deputy national secretary of the ADC, and ordered an amendment to the suit to include Ukandu’s name as a defendant.

The judge granted 48 working hours for the plaintiffs to submit their consequential amendment and seven days for the defense to respond.

He adjourned the matter until October 23 for further proceedings.