Recognise David Mark–led ADC Candidates for FCT Area Council Polls, Court Orders INEC

Justice Mohammed Umar of the Federal High Court, Abuja, on Tuesday, January 20, 2926 ordered the Independent National Electoral Commission (INEC) to recognise and publish the names of candidates forwarded by the National Chairman of the African Democratic Congress (ADC), Senator David Mark, for the February 21 Area Council elections in the Federal Capital Territory (FCT).

The court also directed INEC to grant the ADC electronic access to upload the candidates’ names on its portal, after upholding a suit filed by 17 ADC candidates who accused the electoral body of unlawfully blocking their participation in the polls.

Delivering judgment in suit No. FHC/ABJ/CS/1907/25, Justice Umar held that the evidence presented by the plaintiffs was credible and deserved “more probative value,” adding that they had proved their case beyond reasonable doubt. He consequently granted all the reliefs sought.

The judge ordered INEC to recognise and publish the plaintiffs as duly nominated ADC candidates for the positions they contested in the party’s substitution primary election ahead of the 2026 FCT Area Council elections. He further directed INEC to allow the ADC electronic access to upload the candidates’ names, pursuant to Sections 29(1), 31, 33 and 84(1)(5)(6) of the Electoral Act, 2022, as well as INEC’s election guidelines.

Those affected by the order include Jafaru Shaibu, Ayenajeyi Yakubu, Dauda Awode, Ezra Zaki, Sunday Abraham, Ayuba Adam, Jamilu Kabiru, Nuhu Madaki, Ibrahim Aliyou, Ogwuche Linus, Chibuike Anyika, Okechukwu Ironkwe, Godwin Adoga, Agada John, Onuoha Goodness, Mahrazu Bichi and Tobias Obechina.

The candidates had dragged INEC to court after it allegedly denied the ADC access to upload their names for the forthcoming elections.

In a 27-paragraph affidavit deposed to by one of the plaintiffs, Onuoha Goodness, it was stated that the first 16 plaintiffs emerged from a substitution primary conducted after candidates from the party’s earlier primary withdrew. The 17th plaintiff, she said, was nominated as the ADC’s vice-chairmanship candidate for the Abuja Municipal Area Council.

Goodness explained that despite their emergence, the ADC was unable to upload their details on INEC’s portal. Correspondence between the ICT units of both bodies allegedly showed that INEC declined access because it did not recognise the signatures of the ADC’s current national officers—Senator David Mark and National Secretary, Ogbeni Rauf Aregbesola.

The plaintiffs further alleged that INEC refused to accept a formal letter from their lawyer requesting access, insisting that the commission was “hell-bent on denying ADC access” to upload their names.

In resolving the dispute, Justice Umar agreed that under the Electoral Act and INEC guidelines, the commission is duty-bound to grant political parties electronic access to upload the names of validly nominated candidates—and ordered INEC to comply without further delay.