May 13, (THEWILL) — The All Democratic Alliance (ADA) on Wednesday suffered a setback in its quest to become a registered political party after the Federal High Court in Abuja dismissed its suit against the Independent National Electoral Commission (INEC).
ADA and its promoters had dragged INEC to court following the commission’s refusal to register the association as a political party. The association accused INEC of double standards and alleged irregularities in the registration of the Nigeria Democratic Congress (NDC) as a political party.
The plaintiffs argued that although the ADA was among the 14 political associations pre-qualified by INEC in September last year for further screening, the commission later denied its registration.
While INEC maintained that only two associations eventually met all constitutional and statutory requirements for registration as political parties, it explained that the Democratic Leadership Alliance (DLA) fulfilled all stipulated conditions for registration, and the NDC secured registration through a court order.
But ADA promoters, including political activist Umar Ardo, questioned the legality of the NDC registration process.
Ardo stated that out of the 171 political associations that submitted expressions of interest to INEC, only 14 were shortlisted for further screening, insisting that NDC was not among the groups screened by the commission.
He expressed surprise that an association that allegedly did not participate in the screening process eventually emerged with a certificate of registration.
The plaintiffs consequently urged the court to compel INEC to register ADA as a political party.
Ruling on Wednesday, Justice Emeka Nwite, held that the suit was incompetent and lacking in merit, having been improperly commenced through an originating summons despite containing allegations of fraud and criminality against the electoral commission.
The judge ruled that allegations bordering on fraud cannot be determined through an originating summons, which is limited to affidavit evidence, but must be commenced through a writ of summons to allow parties to call witnesses and cross-examine them during trial.
“Adopting this mode of suit is in itself hostile,” Justice Nwite held.
According to the court, the mode of commencing an action is fundamental because it determines whether the court has the jurisdiction to entertain the matter.
“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,” the judge said.
Justice Nwite further held that the procedure adopted by ADA denied the defendants the opportunity to challenge affidavit evidence through cross-examination, thereby affecting their constitutional right to a fair hearing.
“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 subsequently dismissed the suit for lack of merit.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
