A suit filed by the All Democratic Alliance, ADA, against the Independent National Electoral Commission, INEC, has been dismissed by the Federal High Court in Abuja for being improperly commenced.
Delivering judgement, Justice Emeka Nwite held that the suit was incompetent because it was commenced through an originating summons despite containing allegations of fraud.
The court ruled that allegations of fraud or criminal conduct cannot be determined through originating summons, but must be initiated by a writ of summons, which allows for a full trial process, including oral testimony and cross-examination of witnesses. The judge noted that originating summons is limited to affidavit evidence.
Justice Nwite held that the mode of commencing an action is fundamental, as it determines the jurisdiction of the court, adding that where the wrong procedure is adopted, the court is deprived of jurisdiction to entertain the matter.
The judge further held that the procedure adopted by the plaintiffs denied the second and third defendants the opportunity to cross-examine witnesses on the affidavit evidence, thereby affecting their right to fair hearing.
He consequently upheld the preliminary objection raised by the defendants and dismissed the suit for being improperly instituted.
The plaintiffs in the suit are Umar Ardo, Marjorie George, Anthony Ojeshina, Alhassan Nuhu, Qoussim Opakunle, and Agbo Ndidiamaka Justina.
In March, Akin Ricketts and Aminu Ahmed were joined in the suit as the second and third defendants respectively.
The suit followed ADA’s application to INEC for registration as a political party, which the association claimed had met all statutory requirements.
The plaintiffs argued that the association satisfied the conditions stipulated under Sections 222 to 224 of the 1999 Constitution (as amended), as well as Sections 75 and 79 of the Electoral Act 2022 and the INEC Regulations and Guidelines for Political Parties.
They further contended that despite fulfilling these requirements, INEC failed to register the association within the timeframe prescribed by law.
(Editor: Terverr Tyav)
