ADC Leadership Crisis: Court Asked to Suspend Party Proceedings

Hon. Nkemakolam Ukandu, the National Welfare Officer of the African Democratic Congress (ADC), has approached the Court of Appeal, Abuja Division, requesting a stay of proceedings in the ongoing suit challenging the party’s leadership, filed by former presidential candidate Dumebi Kachukwu.

Ukandu, acting as the appellant and applicant in the case, filed the motion via his lawyer, Kalu Kalu Agu, under Order 6 Rule 1 and Order 25 Rule 2 and 3 of the Court of Appeal Rules, 2021. The motion seeks to halt proceedings in Suit No. FHC/ABJ/1331/2025 — Hon. Dumebi Kachukwu & 4 Ords v. the Independent National Electoral Commission (INEC) & 4 Ords — currently before the Federal High Court, Abuja, pending the determination of his substantive appeal.

Ukandu emphasized that proceeding with the suit without staying it would undermine his civil rights, as the case could be determined in his absence. The motion stressed that “it is settled in law that a court has no jurisdiction to determine a suit in the absence of necessary parties,” adding that it would be a grave injustice to allow the lower court proceedings to continue without affording him the opportunity to be heard.

The application, filed on November 7, is supported by a 12-paragraph affidavit deposed by Ukandu himself. He is listed as the sixth defendant in the suit initiated by Kachukwu before Justice James Omotosho of the Abuja Federal High Court.

Ukandu had previously requested the transfer of the case to another court, citing concerns over potential bias. In a letter dated October 31, he stated that there was a “manifest bias or grave likelihood of bias leading to breach of fair hearing” by Justice Omotosho.

He noted that he was joined in the suit on October 3, but only received the amended originating process on October 22 — a day before the scheduled hearing. Ukandu alleged that the presiding judge, suo moto, abridged the statutory 30-day period allowed for him to file a defense to just seven days, including weekends, making it impossible for his counsel to respond adequately.

Ukandu argued that the suit is not time-sensitive and that the abridgement effectively denied him his constitutional right to fair hearing. His motion urges the Court of Appeal to intervene and ensure that the matter is not adjudicated without his full participation, underscoring the importance of due process in the ongoing leadership dispute within the ADC.