A Federal High Court sitting in Abuja has directed the Independent National Electoral Commission (INEC) to publish the names of candidates submitted by the African Democratic Congress (ADC) under the leadership of 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, which had prevented their participation in the elections.
The judge noted that the plaintiffs provided credible evidence and “proved their case beyond reasonable doubt.” Consequently, INEC was ordered to recognize and publish the names of the plaintiffs as ADC candidates for the respective positions contested in the party’s substitution primary election.
Justice Umar further instructed 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 as well as INEC’s Election Guidelines.
The court-ordered candidates 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 approached the court after INEC denied ADC access to upload candidate particulars for the substitution primaries, citing issues with the recognition of signatures from the current party leadership including Senator David Mark (National Chairman) and Ogbeni Rauf Aregbesola (National Secretary).
In a 27-paragraph affidavit, one of the plaintiffs, Onuoha Goodness, explained that despite multiple attempts and formal requests, INEC withheld access. The commission had claimed that the substitution notification letter and signature discrepancies prevented authorization. Access codes tied to the former National Chairman were also no longer valid under the current leadership, blocking submission of Forms EC9 and EC13.
The court was asked to determine whether INEC is legally obliged, under the Electoral Act and INEC guidelines, to provide ADC electronic access to upload candidates’ names for the FCT Area Council elections.
With Tuesday’s ruling, INEC is now legally compelled to facilitate ADC’s participation by publishing the candidates’ names ahead of the February 21 polls.