The Federal Superior Court in Abuja on Friday refused to listen to a request filed by Dumebi Kachiku against the Independent National Electoral Commission (INEC) and the leadership led by Senator David Mark of the African Democratic Congress (ADC).
Kachikwu, the 2023 ADC presidential candidate, is looking for an order that immediately promotes the illegal publication of Mark and Rouf Aregbesola as president and national secretary of the party waiting for the determination of the lawsuit.
Judge James Omotosho, however, refused to listen to the motion, marked: FHC/ABJ/CS/1331/2025, which was brought by Dayo Akinlaja, San, in the name of Kachikwu.
“This court is not inclined to cancel anything at this stage, whether it is done before or now. This is a political case. I am not taking any interlocutory matter,” he said.
On the other hand, Judge Omotosho argued that all the processes presented by the parties, including the preliminary objections of the defense, would be taken together with the substantive demand.
All Akinlaja efforts to listen to his request were rejected by the judge.
Remember that INEC had recently recognized Mark, the former president of the Senate, and Aregbesola, former governor of Osun, as president and national secretary of ADC.
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Kachikwu and others had presented, on July 7, the call of origin to challenge the alleged appointment and the statement of Mark and Aregbesola as national president and secretary of the party.
Others in the lawsuit include Adikwu Elias, Etimbuk Umoh, Muhammed Khala, Alaku Godwin William as the second to 5th plaintiffs.
They called INEC, ADC, Chief Ralph Nwosu, Mark, Aregbesola as the defendants from 1 to 5 respectively.
When the case was called on Friday, Akinlaja informed the court that the matter was postponed for the hearing.
The lawyer, however, told the court that the plaintiff filed a motion on September 19.
He said that the motion was depending on the fact that despite the penance of the lawsuit in court, INEC decided to recognize the leadership of Mark and Aregbesola.
In the motion, the plaintiffs sought an order to set aside the alleged recognition and publication of Mark and the names of Aregbesola as president and secretary of ADC.
They argued that the action, having been carried out during the demand of demand and in violation of the Lis Pendens doctrine.
They also sought a court order that restricted Nwosu, Mark and Aregbesola to continue dealing or interact with INEC as national officers of the party.
Akinlaja, therefore, begged the judge to take the motion, but it was in vain.
Shaibu Aruwa, San, who appeared for ADC, and other defense lawyers, opposed the request.
Judge Omotosho, who granted a junction request filed by Nkemakolam Ukandu, Deputy National Secretary of ADC, made a consistent order for the amendment to the lawsuit to accommodate UKandu’s name as accused.
The judge gave 48 hours of work to the plaintiff to present his consequent amendment and seven days to the defense to respond and postpone the matter until October 23 for the hearing.
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