The Federal High Court in Abuja has dismissed a suit filed by the All Democratic Alliance (ADA) against the Independent National Electoral Commission (INEC), ruling that the case was improperly commenced.
Delivering judgment on Wednesday, Justice Emeka Nwite held that the suit was incompetent because it was initiated through originating summons despite containing allegations of fraud, which require proof through a full trial process.
The judge described the use of originating summons in such circumstances as inappropriate, noting that it limits parties to affidavit evidence and does not allow for oral testimony or cross-examination.
“Adopting this mode of suit is in itself hostile,” Justice Nwite said.
He further explained that allegations of fraud or criminal conduct must be proved beyond reasonable doubt and are best addressed through a writ of summons, which permits full examination of witnesses.
“It is a well-established issue of law that the appropriate mode of commencement of a suit where there is an allegation of fraud is writ of summons,” he held.
The court also noted that the procedure adopted by the plaintiffs denied other parties the opportunity to cross-examine deponents of the affidavit evidence, thereby affecting their right to fair hearing.
According to the judge, the mode of commencement of a suit is fundamental to jurisdiction, and any defect in procedure renders the entire action incompetent.
“The preliminary objection of the defendants stands. I am of the view and I so hold that the appropriate order is to set aside the entire proceedings,” he ruled.
Justice Nwite consequently dismissed the suit, describing it as unmeritorious.
The plaintiffs, including Umar Ardo, Marjorie George, Anthony Ojeshina, Alhassan Nuhu, Qoussim Opakunle, and Agbo Ndidiamaka Justina, had approached the court in January seeking an order compelling INEC to register ADA as a political party.
They argued that the association met all constitutional and statutory requirements under Sections 222 to 224 of the 1999 Constitution (as amended), as well as provisions of the Electoral Act 2022 and INEC guidelines.
The group also contended that INEC failed to respond within the statutory 60-day period, alleging that its response came 71 days after their application was submitted.
However, the defendants, including Akin Ricketts and Aminu Ahmed, challenged the suit, arguing that it was incompetent due to procedural irregularities and failure to follow due process.
They maintained that issues involving fraud and contested facts must be established through oral evidence and cross-examination, not affidavit-based proceedings.
Ruling further, Justice Nwite held that even on the merits, the plaintiffs failed to comply with legal requirements for party registration.
He also observed discrepancies in the identities of party officials submitted by the applicants and ruled that they lacked legal standing to bring the case.
The court concluded that failure to meet any of the statutory conditions for registration rendered the application invalid.
