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The Federal High Court in Abuja on Tuesday ordered the Independent National Electoral Commission (INEC) to publish the names of the candidates forwarded to it by the chairperson of the African Democratic Congress (ADC), David Mark.
The judge, Mohammed Umar, gave the order in a judgement on a suit regarding the upcomig 21 February area council elections in the Federal Capital Territory (FCT), Abuja.
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Seventeen candidates of ADC had sued INEC alongside the party over the refusal of the electoral body to grant their party electronic access to upload their details for the elections.
The candidates said they paid N20 million for nomination forms and won their party’s primary elections and were set to contest various positions in the forthcoming area council elections in the FCT.
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“I find the evidence of the applicants credible, and judgment is entered in their favour,” said the judge.
He subsequently ordered INEC to recognise and publish the names of the plaintiffs as candidates of the ADC for the various positions of their interests after they won the party’s primaries to constest in the 2026 FCT area council elections.
Mr Umar further directed INEC to grant the ADC electronic access to upload the names of the plaintiffs as its candidates for the various positions contested in the substitution primary, citing Sections 29(1), 31, 33 and 84(1)(5)(6) of the 2022 Electoral Act and the INEC Election Guidelines.
The names the judge ordered to be uploaded on INEC’s portal as candidates for the elections include Jafaru Shaibu, Ayenajeyi Yakubu, Dauda Awode, Ezra Zaki, Sunday Abraham, Ayuba Adam, Jamilu Kabiru, Nuhu Madaki, Ibrahim Aliyou, and Ogwuche Linus.
Others are Chibuike Anyika, Okechukwu Ironkwe, Godwin Adoga, Agada John, Onuoha Goodness, Mahrazu Bichi, and Tobias Obechina.
The plaintiffs were represented by Kalu Agu during Tuesday’s proceedings, while INEC, and Agih Orji represented INEC and ADC, respectively.
Why candidates sought court redress
The plaintiffs detailed their suit in a 27-paragraph supporting affidavit sworn by one of them, Goodness Onuoha.
They claimed that 16 of them participated in the primary elections of the ADC after the withdrawal of candidates from the main primaries, “whose names had been uploaded on the ADC portal before the close of submission on 11 August 2025.”
They added that the 17th plaintiff was nominated as a vice-chairmanship candidate of the ADC for the forthcoming elections.
Ms Onuoha explained that after their emergence, the ADC “made efforts to upload to our INEC forms EC9 and EC13 categories to the portal but could not get access to do so.”
She further stated that correspondence between ADC ICT staff and INEC ICT staff revealed that “the substitution notification letter from ADC to INEC was the issue, as the access code given to ADC through her former national chairman could not be used by the current national chairman of the ADC, since INEC did not recognise the signatures of the current national chairman and national secretary” – Mr Mark as the national chair and Rauf Aregbesola as the national secretary.
The plaintiffs claimed that they later wrote a letter to INEC requesting that ADC be given access to upload their names as candidates in the 21 February election, but that INEC refused to receive the letter from their lawyer, Mr Kalu Agu.
They submitted that “INEC is hell-bent on denying ADC access to upload our names on the INEC portal.”
Ms Ounoha added that the second defendant, which is ADC, has also abandoned them to their fate despite receive over N20 million for nomination from the candidates.
Among the issues raised for determination by the plaintiff was whether, by the provisions of the Electoral Act and INEC Election Guidelines, “it is mandatory for INEC to give electronic access to ADC to upload the names of the plaintiffs on its portal as candidates for the various positions contested in the substitution primary election of the ADC, preparatory to the 2026 Federal Capital Territory Area Council elections.”
The plaintiffs urged the court to rule in their favour by ordering INEC to give ADC electronic access to upload their names and publish the said names as candidates for the 21 February elections.
“INEC acted Unlawfully”
Delivering judgement on Tuesday, the court held that all actions taken by the applicants were within the timetable issued by INEC.
Mr Umar, the judge, held that INEC, having cited a change in leadership of the sponsoring political party acted unlawfully by refusing to grant access for the upload of candidates’ details
“The reliance on a change of leadership amounts to a failure and a fruitless excuse,” the judge said, adding that it denied the applicants “the opportunity to complete the process of participation” in the election.
The judge also noted that the change in leadership had been duly communicated and updated on the relevant website, which, according to to him, constituted sufficient notice to INEC.
He observed that the last day for “withdrawal of candidates was 1 August 2025 and that INEC was also duly notified within time.”
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Mr Umar said INEC, as the umpire of the election, could not evade its statutory responsibility under section 29 of the Electoral Act.
“Government is a continuum,” he said, stressing that where an access point became dysfunctional, INEC had a duty to provide a functional alternative.
The judge found the evidence presented by the applicants credible and ruled that they had complied with all legal requirements.
