A Federal High Court in Abuja has struck out a suit filed by former Minister Rotimi Amaechi seeking to nullify the emergence of former Vice President Atiku Abubakar as the presidential candidate of the African Democratic Congress (ADC) for the 2027 general elections. Justice Joyce Abdulmalik ordered the suit struck out on Friday, July 17, after Amaechi's lead counsel, Jibrin Okutepa (SAN), applied to withdraw the matter, informing the court that both parties had resolved their differences.
Settlement Leads to Withdrawal
The suit, with reference number FHC/ABJ/CS/1215/2026, named Abubakar, the ADC, and the Independent National Electoral Commission (INEC) as defendants. Amaechi's lawyer stated that the parties had reached a settlement, prompting the application to withdraw the case. Justice Abdulmalik subsequently struck out the suit without making any judicial pronouncement on the substantive allegations.
Amaechi's Allegations Against the ADC Primary
Amaechi had approached the court shortly after Atiku's emergence at the ADC presidential primary held on May 25, contending that the process was fundamentally flawed. He argued that the election was conducted in violation of Section 77(5) and (6) of the Electoral Act 2026, as well as relevant provisions of the ADC constitution and the party's guidelines for nominating candidates for the 2027 polls.
Among the 11 reliefs he sought were orders restraining Abubakar from presenting himself as ADC's presidential candidate and barring INEC from recognising him in that capacity, on the basis that Amaechi himself had won the May 25 primary.
Specific Allegations of Non-Compliance
In a sworn affidavit, Amaechi stated that the Electoral Act 2026 requires political parties to maintain and submit a digital membership register to INEC at least 21 days before any primary, and to use that register for voter accreditation. He alleged that the ADC failed to comply with these requirements, instead falling back on an internal procedure outlined in Section 10.8(6) of its guidelines.
Amaechi further claimed that the result declaration form issued on May 27 was unsigned, carried no date, and bore no signatures from members of the election committee or his own agents. Following the primary, he said he wrote to the party's National Organising Secretary requesting certified copies of the membership register used for accreditation, only to receive a formal acknowledgement that no such register was used.
Petition and Inaction Led to Court Action
Amaechi stated that he subsequently filed a petition with the party's presidential appeal committee under Section 11 of the nomination guidelines, and later wrote to ADC National Chairman David Mark drawing attention to the committee's failure to communicate any ruling on the petition. He said it was Mark's inaction that ultimately led him to file the court action.
With the parties having reached a settlement, however, the suit has now been formally struck out without any judicial pronouncement on the substantive allegations raised.
