A suit challenging INEC’s refusal to register the All Democratic Alliance (ADA) has been dismissed by a Federal High Court in Abuja.
Delivering judgment on Wednesday, Justice Emeka Nwite held that the case was improperly commenced, as it was filed through originating summons despite containing allegations of fraud. The court ruled that allegations of fraud or criminal conduct require a writ of summons, which allows for oral testimony and cross-examination, rather than affidavit evidence alone.
“The appropriate mode of commencement of a suit where there is an allegation of fraud is writ of summons”, the judge said, describing the procedure used as defective.
Justice Nwite added that the faulty procedure denied some defendants the opportunity to cross-examine witnesses, thereby affecting their right to fair hearing. He held that the error was fundamental and deprived the court of jurisdiction, leading to the setting aside of the entire proceedings.
“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.
The court also held that, even if jurisdiction existed, the plaintiffs failed to comply with constitutional and statutory requirements governing political party registration under the 1999 Constitution, the Electoral Act 2022, and INEC guidelines.
Justice Nwite noted discrepancies in the party’s leadership structure submitted to INEC and agreed with the defendants that the applicants lacked legal capacity and locus standi to institute the case.
The plaintiffs, led by Umar Ardo and others, had asked the court to compel INEC to register ADA, claiming the commission failed to act within the statutory 60-day period after their application. However, INEC and other defendants opposed the suit, arguing that it was fundamentally flawed and procedurally incompetent.
The court upheld their objection and dismissed the case in its entirety.
