The Federal High Court in Abuja on Friday, October 3, declined to hear an application by Dumebi Kachikwu seeking to stop the Independent National Electoral Commission from recognising Senator David Mark and Rauf Aregbesola as leaders of the African Democratic Congress (ADC).
Justice James Omotosho refused to entertain the motion, which Kachikwu, through his lead counsel Dayo Akinlaja (SAN), had filed to compel INEC to withdraw the publication of Mark and Aregbesola’s names as national chairman and national secretary pending determination of the substantive suit.
INEC recently recognised Mark, a former Senate President, and Aregbesola, a former governor of Osun State, as the ADC’s national chairman and national secretary.
On July 7, Kachikwu and four others — Adikwu Elias, Etimbuk Umoh, Muhammed Khala and Alaku Godwin William — filed an originating summons challenging that recognition.
The suit lists INEC, ADC, Chief Ralph Nwosu, Mark and Aregbesola as the first to fifth defendants.
When the matter came up on Friday, Akinlaja told the court he had filed a motion dated September 19, arguing that INEC’s recognition, despite the pending suit, breached the doctrine of lis pendens.
The plaintiffs asked the court to set aside the recognition and publication of the names and sought an injunction restraining Nwosu, Mark and Aregbesola from further relating with INEC as ADC national officers.
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Shaibu Aruwa (SAN), appearing for the ADC, and other defence counsel opposed the application.
After hearing arguments, Justice Omotosho declined to entertain the motion, marked FHC/ABJ/CS/1331/2025.
He said, “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.”
The judge ruled that all processes filed by the parties, including preliminary objections, would be taken together with the substantive suit.
Despite repeated pleas by Akinlaja for the motion to be heard, the court stood firm.
Justice Omotosho also granted an application for joinder by Nkemakolam Ukandu, the ADC deputy national secretary, ordering that his name be added as a defendant.
He directed the plaintiffs to file amended processes within 48 working hours and gave the defence seven days to respond. The case was adjourned to October 23 for hearing.