The Federal High Court in Abuja on Friday refused to hear an interlocutory injunction sought against the Independent National Electoral Commission (INEC) and the David Mark-led leadership of the African Democratic Congress (ADC).
The motion, filed by Dunebi Kachikwu, the 2023 presidential candidate of ADC, sought an order compelling INEC to withdraw “the unlawful publication of Mr Mark and Mr Rauf Aregbesola’s names as national chairman and secretary of the party pending the determination of the main suit.
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Judge James Omotosho, however, declined to hear the motion, brought by Dayo Akinlaja, a Senior Advocate of Nigeria (SAN), on behalf of Mr Kachikwu.
“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 said.
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INEC recently recognised Mr Mark, the former Senate President, and Mr Aregbesola, former governor of Osun, as ADC’s national chairman and national secretary.
Mr Kachikwu and others filed a suit on 7July to challenge the appointments.
Other plaintiffs in the suit are Adikwu Elias, Etimbuk Umoh, Muhammed Khala and Alaku Godwin William, as second to fifth plaintiffs.
INEC, ADC, Ralph Nwosu, Mr Mark and Mr Aregbesola are the first to fifth defendants.
Motion
At Friday’s hearing, Mr Akinlaja told the court that the matter was fixed for hearing. He further informed the court of a motion filed on September 19 by the plaintiff.
He said the motion was premised on the fact that, even though the main suit was still pending, INEC went ahead to recognise the leadership of Mark and Aregbesola.
He argued that the action violated the doctrine of lis pendens (a legal principle preventing parties from taking action in another forum while a case on the same matter is pending), as it was done while the main suit had not been decided.
The plaintiffs asked the court to set aside “the purported recognition and publication of Mark and Aregbesola’s names as chairman and secretary of ADC.”
They also sought an injunction restraining Mr Nwosu, Mr Mark and Mr Aregbesola from dealing or relating with INEC in the capacity of national officers of the party.
Mr Akinlaja pleaded with the judge to hear the motion. But Shaibu Aruwa, also a SAN and lawyer for ADC, opposed the application.
The judge refused to hear the application and held that all processes filed by the parties, including preliminary objections of the defence, would be taken together with the substantive suit.
However, the judge, Mr Omotosho granted another application for joinder filed by Nkem Ukandu, the deputy national secretary of ADC. The judge ordered that the suit be amended to include Mr Ukandu as a defendant.
He gave 48 working hours to the plaintiffs to file the consequential amendment and seven days to the defence to respond. He adjourned the matter until 23 October for hearing.
Background
After the opposition coalition, which also involved former Vice President the Atiku Abubakar, adopted the ADC to challenge President Bola Tinubu in the 2027 election, Mr Mark was named interim leader of the party, with Mr Aregbesola, a former ally of President Tinubu, as national secretary.
Since their appointment, members of the former working committee have described the leadership change as unconstitutional, and some have filed suits challenging it.
READ ALSO: INEC recognises David Mark, Aregbesola as ADC chairperson, secretary
In a separate suit before another judge, Emeka Nwite, during the court vacation in early September, Nafiu-Bala Gombe, a former deputy national chairman of ADC, sought interim injunctions to stop INEC from recognising Messrs Mark and Aregbesola and to restrain them from parading themselves as party leaders.
The judge refused the prayers but directed Mr Gombe to put all defendants on notice to show cause why the motion should not be granted. The case remains pending.
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