A Federal High Court in Abuja on Friday declined to hear an interlocutory application seeking to stop the Independent National Electoral Commission (INEC) from recognising the David Mark-led leadership of the African Democratic Congress (ADC).
The urgent motion was filed by Dumebi (Dunebi) Kachikwu, the ADC’s 2023 presidential candidate and argued by Senior Advocate of Nigeria Dayo Akinlaja. The motion asked the court to order INEC to withdraw what the plaintiffs described as the “unlawful publication” of Senator David Mark’s and Rauf Aregbesola’s names as ADC national chairman and national secretary while the main suit remains pending.
Justice James Omotosho refused to entertain the interlocutory application, saying the court was “not inclined to nullify anything at this stage” and describing the matter as political in nature.
He held that preliminary objections and all other processes would be taken together with the substantive suit rather than in a separate interim hearing.
At the hearing counsel for the plaintiffs told the court the motion, filed on September 19 relied in part on the doctrine of lis pendens, arguing that INEC’s recognition of the new leadership interfered with issues already before the court. Counsel for ADC, led by Shaibu Aruwa, SAN, opposed the application.
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Justice Omotosho granted a separate application to join Nkem Ukandu, the deputy national secretary of ADC, as a party to the suit and ordered the plaintiffs to file consequential amendments within 48 working hours. The defence was given seven days to respond. The matter was adjourned to October 23 for hearing.
The dispute follows INEC’s formal recognition in September of Senator David Mark as ADC national chairman and former Governor Rauf Aregbesola as national secretary, a development that triggered several internal protests and multiple court cases from members of the former working committee challenging the change. Dumebi Kachikwu and other plaintiffs originally filed the substantive suit on July 7 to challenge the appointments.
In a separate action heard earlier in September during court vacation, former deputy national chairman Nafiu-Bala Gombe sought an interim order to prevent INEC from recognising Mr. Mark and Mr. Aregbesola; that application was not granted and remains pending.
