The Federal High Court in Abuja on Friday refused to entertain an application filed by the African Democratic Congress (ADC)’s 2023 presidential candidate, Dumebi Kachikwu, against the Independent National Electoral Commission (INEC) and the leadership of the party under Senator David Mark.
Justice James Omotosho, in his ruling, declined to take the motion which sought to stop INEC from recognising Mark, a former Senate President, and Rauf Aregbesola, a former Governor of Osun State, as the national chairman and national secretary of the ADC. The motion, filed by Kachikwu and four other party members, was meant to preserve the status quo pending the hearing of the substantive suit challenging their recognition.
Background to the Dispute
The crisis within the ADC deepened earlier in the year after INEC officially recognised Senator Mark and Aregbesola as leaders of the party. This decision sparked opposition from Kachikwu, who ran as the party’s presidential flag bearer in the 2023 general elections, and a faction loyal to him.
On July 7, Kachikwu and four others — Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William — filed an originating summons at the Federal High Court. In the suit, they named INEC, the ADC, Ralph Nwosu, Mark, and Aregbesola as the first to fifth defendants. Their argument centred on the claim that INEC acted in bad faith by recognising the new leaders despite the pendency of a legal challenge to the party’s leadership tussle.
The Plaintiffs’ Argument
Represented by Senior Advocate of Nigeria (SAN), Dayo Akinlaja, the plaintiffs argued that INEC’s action violated the doctrine of lis pendens — a legal principle which prohibits parties from taking steps that could prejudice ongoing litigation.
They asked the court to set aside the recognition and publication of Mark and Aregbesola’s names as national chairman and secretary, insisting that allowing them to act in those positions would cause further confusion and weaken the integrity of the judicial process.
Defence Position
On the other hand, counsel representing the ADC, led by Shaibu Aruwa (SAN), along with other defence lawyers, strongly opposed the motion. They argued that the application was baseless and that INEC’s recognition of the new leadership was valid. They maintained that the plaintiffs lacked sufficient grounds to stop the recognised leaders from carrying out their duties.
Court’s Ruling
After hearing submissions from both sides, Justice Omotosho declined to grant Kachikwu’s request. He ruled 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.
The court held that all pending applications, including preliminary objections raised by the defendants, would be taken alongside the substantive matter.
Joinder and Next Steps
In the same sitting, the judge also granted an application for joinder filed by Nkemakolam Ukandu, the ADC deputy national secretary. Ukandu had sought to be added as a defendant in the case, citing his direct interest in the party’s leadership dispute. Justice Omotosho ordered that his name be included as one of the defendants.
He further directed the plaintiffs to amend their processes to reflect the joinder within 48 working hours, while the defence was given seven days to file their responses.
The case has been adjourned until October 23, 2025, for substantive hearing.
Implications
The ruling means that, for now, Senator David Mark and Rauf Aregbesola will continue to be recognised by INEC as the national leaders of the ADC, despite the ongoing dispute. This decision could further deepen the division within the party ahead of future elections.
Observers note that the ADC has faced repeated leadership crises since its emergence as a political party, often leading to court battles and internal fractures that have weakened its ability to compete effectively on the national stage. With the latest ruling, the leadership struggle appears set to continue, leaving the fate of the party’s unity hanging in the balance until the substantive suit is decided.