A significant legal battle is intensifying over the leadership of the African Democratic Congress (ADC), with the party's National Welfare Officer, Nkemakolam Ukandu, appealing to the Court of Appeal to halt proceedings in a challenging suit. This suit, originally filed by former presidential candidate Dumebi Kachukwu, questions the party's current leadership structure. Ukandu, acting as an appellant/applicant and the sixth defendant in the case, has formally requested a stay of proceedings in suit No. FHC/ABJ/1331/2025, which is currently before the Federal High Court in Abuja.

Ukandu's motion, filed on November 7 and supported by a 12-paragraph affidavit, argues that allowing the proceedings to continue would severely undermine his civil rights by potentially determining the case in his absence. His lawyer, Kalu Kalu Agu, emphasized that it is a settled principle of law that a court lacks jurisdiction to decide a suit without the presence of all necessary parties. The appeal highlights the grave injustice that would occur if the case proceeds without Ukandu being afforded the opportunity to be heard, urging the Court of Appeal to grant his application.

This latest appeal follows an earlier request by Ukandu for the case to be transferred from Justice James Omotosho of the Abuja Federal High Court. In a letter dated October 31, Ukandu cited “manifest bias or grave likelihood of bias leading to breach of fair hearing” as the reason for his lack of confidence in receiving a fair hearing from Justice Omotosho. He recounted that after being joined in the suit on October 3, the plaintiffs’ counsel was unable to serve him the amended originating process until October 22, merely a day before the scheduled adjourned date.

Ukandu expressed profound surprise when Justice Omotosho, without any application for abridgement of time from counsel, unilaterally reduced the period for the sixth defendant's counsel to file a defense. Instead of the 30 days typically allowed by court rules, Ukandu was given only seven days, a period that included a Saturday and Sunday, rendering it practically impossible for his counsel to prepare an appropriate response. Ukandu stressed that the suit is not a time-sensitive matter requiring such expedited action, asserting that this abridgement of time has directly denied him his fundamental right to a fair hearing and the opportunity to present his defense.