The Federal High Court in Abuja on Friday declined to hear an application filed by Dumebi Kachikwu, the 2023 presidential candidate of the African Democratic Congress (ADC), seeking to stop the Independent National Electoral Commission (INEC) from recognising David Mark and Rauf Aregbesola as national chairman and secretary of the party.
Justice James Omotosho, ruling on the motion marked FHC/ABJ/CS/1331/2025, said the court would not entertain any interlocutory applications in the matter.
He directed that all pending applications, including the defence’s preliminary objections, would be taken together with the substantive suit.
“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,” Justice Omotosho ruled.
Kachikwu, alongside four other plaintiffs, had filed the suit challenging INEC’s recognition of Mr Mark, a former Senate president, and Mr Aregbesola, a former Osun State governor, as ADC leaders.
They argue the appointments and subsequent publication of their names by INEC violated the doctrine of lis pendens, as the case was already before the court.
Despite efforts by Kachikwu’s counsel, Dayo Akinlaja (SAN), to move the application, the judge declined, while lawyers for ADC and other defendants opposed it.
The court, however, granted a joinder application by ADC deputy national secretary, Nkemakolam Ukandu, ordering that his name be included as a defendant.
Plaintiffs were given 48 working hours to file the amended suit, while the defence has seven days to respond.
The case was adjourned to October 23 for hearing.
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