Court declines Kachikwu’s bid to stop INEC recognition of Mark, Aregbesola as ADC leaders

A Federal High Court in Abuja on Friday declined to entertain an application filed by the 2023 presidential candidate of the African Democratic Congress (ADC), Dumebi Kachikwu, seeking to halt the recognition of Senator David Mark and former Osun State Governor Rauf Aregbesola as national leaders of the party.

Kachikwu had approached the court with a motion asking the Independent National Electoral Commission (INEC) to immediately withdraw the publication of Mark and Aregbesola’s names as national chairman and national secretary, respectively, pending the resolution of the main suit.

However, Justice James Omotosho refused to consider the application, stating that he would not entertain any interlocutory motions at this stage of the proceedings.

> “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 declared.

Despite efforts by Dayo Akinlaja, SAN, who represented Kachikwu, to push for the motion’s hearing, the court insisted that all applications and objections would be addressed alongside the substantive case.

The motion, marked FHC/ABJ/CS/1331/2025, was based on INEC’s recent recognition of Mark and Aregbesola as the party’s national officers—a move Kachikwu and his co-plaintiffs argue violates the legal principle of lis pendens, which restricts actions that could affect the subject of ongoing litigation.

The plaintiffs also sought a restraining order to bar Chief Ralph Nwosu, Mark, and Aregbesola from acting or interacting with INEC as ADC officials.

Kachikwu, along with Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William, filed the originating summons on July 7, challenging the legitimacy of the leadership appointments.

The named defendants in the suit are INEC, ADC, Chief Ralph Nwosu, Senator David Mark, and Rauf Aregbesola.

When the matter came up on Friday, Akinlaja reminded the court of the pending motion filed on September 19, but his request to have it heard was firmly rejected.

Lawyers representing ADC and other defendants, including Shaibu Aruwa, SAN, opposed the application.

Meanwhile, Justice Omotosho granted a joinder application brought by Nkemakolam Ukandu, ADC’s deputy national secretary, allowing him to be added as a party to the suit.

The court subsequently ordered the plaintiffs to file an amended version of their case within 48 working hours, while the defence was given seven days to respond.

The case has been adjourned to October 23 for full hearing.

NAN