Court Declines Hearing of Kachikwu’s Motion Against INEC, ADC Leaders

The Federal High Court in Abuja recently addressed a contentious legal dispute involving the African Democratic Congress (ADC), one of Nigeria’s political parties. The dispute centers on the party’s leadership, specifically the recognition of Senator David Mark and former Osun State Governor Rauf Aregbesola as the party’s national chairman and secretary, respectively. Dumebi Kachikwu, who was once the ADC’s presidential flagbearer, challenged the Independent National Electoral Commission (INEC) to halt this recognition, claiming procedural and legal irregularities.

Dumebi Kachikwu, through his lawyer Dayo Akinlaja, a Senior Advocate of Nigeria (SAN), filed an application to the Federal High Court seeking to compel INEC to retract the names of Mark and Aregbesola as ADC leaders. Kachikwu argued that the recognition by INEC was improper because the appointment of these leaders was already subject to ongoing litigation — invoking the legal principle of lis pendens, which means that when a matter is already before a court, related parties should not take steps that would undermine or contradict the court’s jurisdiction.

Justice James Omotosho ruled that the matter was “largely political” and therefore not appropriate for separate treatment at this stage. This implies that the court viewed the dispute as one deeply tied to internal party politics rather than purely legal issues that can be resolved independently and immediately. As a result, the judge declined to stop INEC’s recognition of Mark and Aregbesola for now.

Instead, the court decided to consolidate all preliminary objections, motions, and the main suit so that all related legal questions would be heard together, ensuring a comprehensive examination of the case rather than fragmented hearings.

The court also approved a joinder motion, allowing Nkemakolam Ukandu, the ADC’s deputy national secretary, to be added as a co-defendant. This broadens the scope of the defense, indicating that more party officials will be involved in defending the INEC recognition.

The court ordered the plaintiffs (including Kachikwu) to submit amended legal filings within 48 working hours, and the defendants were given one week to respond. This sets a clear timeline for the next phase of the case.

The matter was scheduled for a substantive hearing on October 23, signaling that the court is moving toward a detailed judicial examination of the internal party leadership dispute.

Kachikwu’s repeated criticism of INEC’s endorsement of Senator David Mark suggests a deep mistrust of the electoral commission’s processes. He accuses INEC of undermining due process and, by extension, questions the credibility and fairness of Nigeria’s electoral oversight.

The case highlights the complex intersection of law and politics within party structures in Nigeria. It also underscores the challenges electoral bodies face in adjudicating internal party leadership disputes, which often have broader political ramifications.