Hon. Nkemakolam Ukandu, the National Welfare Officer of the African Democratic Congress (ADC), has petitioned the Court of Appeal, Abuja Division, seeking a stay of proceedings in the ongoing suit challenging the party’s leadership filed by former presidential candidate Dumebi Kachukwu.
Ukandu, who is both the appellant and applicant in the matter, filed the motion through his lawyer, Kalu Kalu Agu, under Order 6 Rule 1 and Order 25 Rules 2 and 3 of the Court of Appeal Rules, 2021. The motion requests that proceedings in Suit No. FHC/ABJ/1331/2025 — Hon. Dumebi Kachukwu & 4 Ords v. INEC & 4 Ords currently pending at the Federal High Court, Abuja, be halted until the determination of his substantive appeal.
In the motion, Ukandu stressed that continuing the case without a stay would undermine his civil rights, as the matter could be decided in his absence. The motion argues that “a court has no jurisdiction to determine a suit in the absence of necessary parties,” warning that failing to stay the proceedings would amount to a grave injustice.
The application, filed on November 7, is supported by a 12-paragraph affidavit sworn by Ukandu himself. He is the sixth defendant in the suit before Justice James Omotosho. Previously, Ukandu had requested the transfer of the case to another court, citing concerns of bias, stating in a letter dated October 31 that there was a “manifest bias or grave likelihood of bias leading to breach of fair hearing” by the presiding judge.
Ukandu revealed that he was only served with the amended originating process on October 22, nearly three weeks after being joined in the suit on October 3. He expressed surprise that the judge suo moto abridged the 30-day period for filing his defense to just seven days, including weekends, making it extremely difficult for his counsel to prepare an adequate response.
He emphasized that the suit is not time-sensitive, and the shortened timeline effectively denied him the opportunity to fully exercise his right to fair hearing. Ukandu’s appeal underscores the importance of due process and seeks to prevent the lower court from ruling on the matter without his active participation, amid the ongoing leadership dispute within the ADC.
