Court gavel
Federal High Court in Abuja has struck out a suit filed by promoters of the All Democratic Alliance (ADA) seeking to compel the Independent National Electoral Commission (INEC) to register the group as a political party.
Justice Emeka Nwite ruled that the case, instituted by Umar Ardo and others, was incompetent because it was initiated through the wrong legal procedure.
The plaintiffs had asked the court to declare ADA automatically registered under Section 75(4) of the Electoral Act 2022, arguing that INEC failed to act within the stipulated period.
However, the court upheld a preliminary objection filed by Chief Akin Ricketts and Aminu Ahmed, who argued that the matter involved disputed facts and allegations of fraud that could not be resolved through an originating summons.
Justice Nwite held that the suit should have been commenced through a writ of summons to allow witnesses to testify and be cross-examined in court.
“Consequently, the second and third defendants’ preliminary objection is upheld, and this suit is hereby struck out,” the judge ruled.
Despite striking out the case, the judge also considered the substantive issues and held that the plaintiffs failed to provide credible evidence proving that Ricketts defected from ADA to the African Democratic Congress (ADC).
The court ruled that newspaper publications relied upon by the plaintiffs were insufficient to establish the truth of the allegations, stressing that such reports only prove publication and not authenticity.
Justice Nwite further noted that there was no independent evidence, including membership records or proof of dues payment, linking Ricketts to the ADC as claimed by the plaintiffs.
“In sum, I am of the view, and I so hold, that the case of the plaintiffs is lacking in merit and not supported by credible evidence, and it is hereby dismissed,” Justice Nwite ruled.
