The Federal High Court in Abuja on Wednesday dismissed a suit filed by the All Democratic Alliance (ADA) against the Independent National Electoral Commission (INEC), ruling that it was improperly commenced and therefore incompetent.
- +Court strikes out ADA suit against INEC over improper commencement
Delivering judgment, Justice Emeka Nwite held that the suit, filed by originating summons, was inappropriate because it raised allegations of fraud and other contentious issues that require oral evidence under a writ of summons.
Delivering judgment, Justice Emeka Nwite held that the suit, filed by originating summons, was inappropriate because it raised allegations of fraud and other contentious issues that require oral evidence under a writ of summons.
The judge said originating summons is only suitable for matters based on affidavit evidence and not cases involving allegations of fraud, which require proof through oral testimony and cross-examination.
He held that the improper mode of commencement was fundamental and deprived the court of jurisdiction. He also said it affected the defendants’ right to fair hearing, as they were not given the opportunity to cross-examine deponents.
“The appropriate order is to set aside the entire proceedings,” the judge ruled, adding that the defendants’ preliminary objection succeeded.
Justice Nwite further dismissed the suit, saying that even if jurisdiction had been properly established, the plaintiffs still failed to meet the legal requirements for political party registration.
The ADA had asked the court to compel INEC to register it as a political party, claiming it had met the requirements under Sections 222 to 224 of the 1999 Constitution (as amended), Section 79 of the Electoral Act 2022, and INEC guidelines.
The group also claimed INEC breached the 60-day period for processing its application, responding 71 days after submission.
However, the court held that the application did not comply fully with the requirements for registration. It also agreed with the defendants that the plaintiffs lacked locus standi, ruling that those who filed the suit were not the recognised pro tem national chairman and secretary of the association.
The court noted discrepancies in the leadership details submitted by the plaintiffs and those in their initial application to INEC.
The suit was therefore struck out and dismissed.
