Party Turmoil Escalates: ADC Attempts to Halt Kachikwu Case Proceedings
The African Democratic Congress (ADC) has asked the Court of Appeal to halt proceedings in a suit filed by its former presidential candidate, Dumebi Kachikwu, challenging the party’s current leadership.
The request is contained in a motion on notice filed before the Court of Appeal under Order 6 Rule 1 and Order 25 Rules 2 and 3 of the Court of Appeal Rules, 2021.
The appellant/applicant, Nkemakolam Ukandu, who is the ADC National Welfare Officer, asked the appellate court to stay proceedings in Suit No. FHC/ABJ/1331/2025 pending before Justice James Omotosho of the Federal High Court, Abuja.
Naija News reports that the motion was filed by the party’s lawyer, Kalu Kalu Agu.
Ukandu said he has a vested interest in the ongoing case and risks suffering grave injustice if the proceedings continue without allowing him to be heard.
According to him: “If the proceedings are not stayed, my civil rights, which accrued to me by virtue of the matter in the court below, would be determined in my absence, without affording me the opportunity to be heard.”
He argued that the law does not permit a court to determine a matter without necessary parties, insisting that his exclusion or inability to defend himself would render any judgment defective.
“It will wreak grave injustice to allow the proceedings at the court below to continue without affording me the opportunity to be heard,” Ukandu told the Court of Appeal.
The application, filed on November 7, is supported by a 12-paragraph affidavit deposed to by Ukandu.
Ukandu, who is the sixth defendant in the suit, earlier wrote to the Chief Judge requesting the transfer of the case to another court, accusing Justice Omotosho of manifest bias.
In his petition dated October 31, he said he was joined in the matter on October 3 but was only served the amended originating processes on October 22, a day before the next hearing.
He said he was shocked when the judge, suo motu, abridged the time within which he should file his defence, despite no application being made for such an order.
Instead of the 30 days prescribed by the Rules of Court, Ukandu was given just seven days — including a weekend — to respond.
He argued that the matter is not time-bound and therefore does not require such urgency, insisting that the judge’s decision denied him his constitutional right to fair hearing.
“My right to fair hearing has been breached. I have been denied the opportunity to file my defence appropriately,” he said.
Kachukwu’s suit seeks to challenge the legitimacy of the current ADC leadership, further deepening internal disputes within the party.
Naija News reports that with Ukandu now asking the Court of Appeal to halt proceedings and alleging bias against the trial court, the ADC crisis appears far from resolution.
The Court of Appeal is expected to fix a date to hear the stay-of-proceedings motion.