The Federal High Court in Abuja has refused to grant an injunction stopping the Independent National Electoral Commission (INEC) from recognising David Mark and Rauf Aregbesola as national chairman and secretary of the African Democratic Congress (ADC).
The case, filed by Dunebi Kachikwu, the ADC’s 2023 presidential candidate, sought to compel INEC to withdraw what he described as an “unlawful publication” of Mark and Aregbesola’s names as party executives.
Justice James Omotosho declined to entertain the interlocutory motion, describing the case as a political matter that should be decided alongside the main suit.
“This court is not inclined to nullify anything at this stage,” he ruled. “I am not taking any interlocutory matter now.”
INEC had earlier recognised Mark, a former Senate President, and Aregbesola, a former governor of Osun State, as ADC’s new national leaders after a faction of the party installed them in July.
However, Kachikwu and other plaintiffs, including Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William, challenged the appointments, describing them as unconstitutional.
During the hearing, Kachikwu’s counsel, Dayo Akinlaja (SAN), argued that INEC’s recognition of the new leadership violated the doctrine of lis pendens, which prevents action on matters still pending before a court.
He said the electoral body’s move was made despite an ongoing suit contesting the leadership change.
The plaintiffs asked the court to set aside INEC’s recognition and restrain Mark, Aregbesola, and Ralph Nwosu from acting as party executives.
However, Shaibu Aruwa (SAN), counsel to ADC, opposed the motion, arguing that the issue should be resolved with the main case.
Justice Omotosho agreed and ordered that all objections and applications be heard together on the next adjourned date.
The court also granted a separate request by the party’s deputy national secretary, Nkem Ukandu, to join the case as a defendant.
The judge directed the plaintiffs to amend their suit within 48 hours and adjourned the case to October 23 for hearing.
The crisis in the ADC deepened after an opposition coalition, reportedly backed by former Vice President Atiku Abubakar, named David Mark as interim chairman and Aregbesola as secretary to lead the party into the 2027 presidential election.
Several former executives have rejected the leadership change, describing it as illegal.
The internal dispute has since resulted in multiple court cases, with party members divided over who holds legitimate authority.
