The African Democratic Congress (ADC) has asked the Court of Appeal in Abuja to stay proceedings in a suit filed by its former presidential candidate, Dumebi Kachukwu, arguing that continued hearings at the Federal High Court would deny some defendants a fair hearing. The application was filed on November 7 and is supported by an affidavit sworn by the appellant/applicant, Nkemakolam Ukandu.
Ukandu the ADC National Welfare Officer and the sixth defendant in the suit marked FHC/ABJ/1331/2025 — told the appellate court that he has a vested interest in the matter and risks having his civil rights determined in his absence if the lower court proceeds while his appeal is pending. “It is settled in law that a court has no jurisdiction to determine a suit in the absence of necessary parties,” he argued in the motion.
The motion, brought under Order 6 Rule 1 and Order 25 Rules 2 and 3 of the Court of Appeal Rules, 2021, was filed by the party’s counsel, Kalu Kalu Agu. The ADC asked the appellate court to halt the Federal High Court proceedings in suit No. FHC/ABJ/1331/2025 — Hon. Dumebi Kachukwu & 4 Ords v INEC & 4 Ords — pending determination of the substantive appeal.
Ukandu told the court he had earlier complained of a “manifest bias or grave likelihood of bias” before Justice James Omotosho and sought a transfer because he was unlikely to get a fair hearing. He said he was only joined to the suit on October 3 but was served the amended originating process on October 22 — a day before an adjourned hearing — and was subsequently given just seven days to file a defence instead of the 30 days normally allowed by the rules.
