By Muhammad Mamman
The Federal High Court in Abuja has refused to hear an application seeking to stop the Independent National Electoral Commission (INEC) from recognising former Senate President David Mark and former Osun State Governor Rauf Aregbesola as leaders of the African Democratic Congress (ADC).
The application, filed by the party’s 2023 presidential candidate, Dumebi Kachikwu, asked the court to order INEC to withdraw its publication naming Mark as national chairman and Aregbesola as national secretary, pending the determination of a substantive suit challenging their appointments.
However, Justice James Omotosho on Friday declined to entertain the motion, ruling that all interlocutory applications and preliminary objections would be taken 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,” the judge held.
Kachikwu and four others — Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William — are challenging INEC’s recognition of the duo, arguing that it violates the principle of lis pendens. They sought orders nullifying the recognition and restraining Mark, Aregbesola, and Chief Ralph Nwosu from acting as party officers.
The defence, led by Shaibu Aruwa (SAN), opposed the move, insisting the case must proceed in line with due process. The judge also granted a motion for joinder by the party’s deputy national secretary, Nkemakolam Ukandu, and ordered that his name be added as a defendant.
The plaintiffs were directed to file an amended suit within 48 working hours, while the defence has seven days to respond. The matter was adjourned to 23 October.
