The Federal High Court in Abuja on Friday dismissed an attempt by Dumebi Kachikwu, the 2023 presidential candidate of the African Democratic Congress (ADC), to secure an urgent ruling against the Independent National Electoral Commission (INEC) and the party’s leadership headed by former Senate President David Mark. Kachikwu had filed a motion seeking an order to compel INEC to withdraw the recognition and publication of Mark as national chairman and former Osun State governor Rauf Aregbesola as national secretary of the ADC, pending the resolution of his substantive suit.
The case, marked FHC/ABJ/CS/1331/2025, came before Justice James Omotosho, who firmly declined to entertain the motion. According to him, the court would not issue any interim order at this stage of proceedings, stressing that the matter was political in nature and would only be addressed alongside the main suit. He stated that he was not inclined to nullify any action already taken or presently ongoing until all processes filed by both parties, including the defendants’ preliminary objections, were considered together.
Despite repeated pleas by Kachikwu’s counsel, Dayo Akinlaja, SAN, the court stood its ground and refused to hear the application. Akinlaja had argued that the recognition of Mark and Aregbesola by INEC during the pendency of the case violated the principle of lis pendens, which prohibits any action that could prejudice ongoing litigation. The plaintiffs, which include Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William, had also sought an injunction restraining the recognised leaders from functioning in their positions until the court decides the matter.
On the other hand, counsel for ADC, Shaibu Aruwa, SAN, alongside other defence lawyers, opposed the application. The proceedings also witnessed a successful joinder application filed by Nkemakolam Ukandu, the deputy national secretary of the ADC, whose name was subsequently added as a defendant in the suit. Justice Omotosho directed the plaintiffs to file their amended processes within 48 working hours and granted the defence seven days to respond.
The matter has now been adjourned to October 23 for hearing, a date that will determine how the case progresses as Kachikwu battles the recognition of the new leadership structure within the ADC. The development comes after INEC recently acknowledged Mark and Aregbesola as the legitimate national chairman and secretary of the party, a move Kachikwu and his supporters insist is unlawful and must be overturned by the court.
