Court Declines Kachikwu’s Bid to Stop INEC Recognition of Mark, Aregbesola as ADC Leaders

The Federal High Court in Abuja has declined to entertain a motion filed by African Democratic Congress (ADC) presidential candidate in the 2023 elections, Dumebi Kachikwu, against the Independent National Electoral Commission (INEC) and the Sen. David Mark-led leadership of the party.

Kachikwu, through his counsel, Dayo Akinlaja, SAN, had sought an order directing INEC to withdraw the publication of the names of David Mark, former Senate president, and Rauf Aregbesola, former Osun State governor, as national chairman and secretary of ADC pending the determination of his substantive suit.

Justice James Omotosho, however, refused to hear the application, insisting that all interlocutory matters would be taken together with the substantive 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 ruled.

Kachikwu and four others had earlier challenged INEC’s recognition of Mark and Aregbesola, arguing that their appointment and subsequent recognition violated the principle of lis pendens since the issue was already before the court. They also sought injunctions restraining the new leadership from dealing with INEC as party officials.

Despite Akinlaja’s plea for the motion to be heard, the judge stood firm, while counsel representing ADC and other defendants opposed the application.

Justice Omotosho also granted an application for joinder filed by Nkemakolam Ukandu, deputy national secretary of ADC, and ordered the amendment of the suit to reflect his inclusion as a defendant. He directed the plaintiffs to file the amendment within 48 working hours and gave the defence seven days to respond.

The matter was adjourned to October 23 for hearing.