Court Declares No Faction in ADC; Orders INEC to Recognize David Mark-Led Candidates for FCT Polls

 

A Federal High Court sitting in Abuja on Tuesday directed the Independent National Electoral Commission (INEC) to publish the names of candidates submitted by the African Democratic Congress (ADC) under Senator David Mark for the upcoming February 21 Area Council elections in the Federal Capital Territory (FCT).

Delivering judgment in suit number FHC/ABJ/CS/1907/25, Justice Mohammed Umar ruled in favor of 17 ADC candidates who had challenged INEC’s refusal to grant them electronic access to upload their names on the commission’s portal, preventing their participation in the elections.

Justice Umar stated that the evidence presented by the plaintiffs was credible and “proved their case beyond reasonable doubt.” He consequently ordered INEC to recognize and publish the plaintiffs’ names as ADC candidates for the respective positions contested in the party’s substitution primary election.

The judge further mandated that the names be uploaded onto INEC’s portal in compliance with Sections 29(1), 31, 33, and 84(1)(5)(6) of the 2022 Electoral Act and INEC’s Election Guidelines.

The candidates court ordered to be listed include:
Jafaru Shaibu, Ayenajeyi Yakubu, Dauda Awode, Ezra Zaki, Sunday Abraham, Ayuba Adam, Jamilu Kabiru, Nuhu Madaki, Ibrahim Ali, Ogwuche Linus, Chibuike Anyika, Okechukwu Ironkwe, Godwin Adoga, Agada John, Onuoha Goodness, Mahrazu Bichi, and Tobias Obechina.

The plaintiffs had approached the court after INEC denied ADC access to upload candidates’ particulars related to substitution primaries, citing issues with recognition of the current party leadership’s signatures—including those of Senator David Mark (National Chairman) and Ogbeni Rauf Aregbesola (National Secretary)—by INEC’s officials.

In a 27-paragraph affidavit, one of the plaintiffs, Onuoha Goodness, explained that despite multiple attempts and formal requests, INEC withheld access, claiming the substitution notification letter and signature discrepancies prevented authorization.

Goodness also noted that ADC’s efforts to upload Form EC9 and EC13 were thwarted because access codes tied to the former National Chairman were no longer valid under the current leadership.

The court was asked to determine whether, under the Electoral Act and INEC guidelines, the commission is legally obliged to provide electronic access to ADC to upload candidates’ names for the FCT Area Council elections.

With Tuesday’s ruling, INEC is now compelled to facilitate ADC’s participation by publishing the candidates’ names ahead of the polls.