Court strikes out Amaechi’s suit challenging Atiku’s ADC presidential candidacy

The Federal High Court in Abuja on Friday struck out a suit filed by Rotimi Amaechi, former Rivers State governor and ex-Minister of Transportation, challenging the emergence of Atiku Abubakar, former Vice President, as the presidential candidate of the African Democratic Congress (ADC).

Justice Joyce Abdulmalik struck out the suit after Amaechi’s counsel, Jibrin Okutepa (SAN), informed the court that the matter had been settled and that an application to discontinue the case had already been filed.

Okutepa urged the court to strike out the suit, a request that was granted by the judge.

Amaechi had asked the court to nullify the ADC presidential primary held on May 25, arguing that the exercise violated provisions of the Electoral Act 2026, the party’s constitution and its guidelines for the conduct of primary elections ahead of the 2027 general election.

In the suit marked FHC/ABJ/CS/1215/2026, Amaechi sued Atiku Abubakar, the ADC and the Independent National Electoral Commission (INEC) as defendants.

He sought an order setting aside the outcome of the primary, restraining Atiku from presenting himself as the ADC presidential candidate for the 2027 election and preventing INEC from recognising his nomination.

The former governor also asked the court to compel the ADC to conduct a fresh presidential primary within 14 days in compliance with the Electoral Act, the party’s constitution and its election guidelines.

In an affidavit supporting the suit, Amaechi said he was a registered member of the ADC in Ward 8, Ubima, Ikwerre Local Government Area of Rivers State, and that he had duly purchased the party’s nomination form, passed the screening process and participated in the presidential primary.

According to him, the results released by the party on May 27 showed Atiku polling 1,846,370 votes to emerge winner, while he secured 504,177 votes to place second. Mohammed Hayatu-Deen was credited with 177,120 votes.

Amaechi alleged that the primary election was conducted in breach of the Electoral Act, the ADC constitution and the party’s guidelines.

He argued that the party failed to use its membership register for accrediting delegates during the exercise, contrary to statutory requirements, and instead relied on provisions contained in its election guidelines.

The former minister further alleged that the final declaration of results was unsigned, undated and did not contain the names or signatures of members of the election committee or his accredited agents.

He told the court that after requesting certified copies of the membership register allegedly used for the primary, the party’s National Organising Secretary informed him that no membership register was used during the exercise.

Amaechi said he subsequently petitioned the party’s presidential appeal committee and later wrote to the ADC National Chairman, David Mark, after the committee failed to communicate its decision.

According to him, the party’s failure to address his complaints prompted him to seek judicial intervention.

However, with the withdrawal of the suit following an out-of-court settlement, the Federal High Court struck out the case, bringing the legal challenge to an end.