Justice Emeka Nwite of the Federal High Court, Abuja, has dismissed a suit seeking to compel the Independent National Electoral Commission (INEC) to register the All Democratic Alliance (ADA) as a political party.
In a judgment, Justice Nwite held that the suit filed by promoters of the association was incompetent and unsupported by credible evidence.
The plaintiffs, led by Umar Ardo, had sued INEC alongside Chief Akin Ricketts and Aminu Ahmed, seeking an order compelling the electoral body to register ADA as a political party.
They also urged the court to declare the association deemed registered under Section 75(4) of the Electoral Act, 2022, on the grounds that INEC allegedly failed to act within the statutory period.
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However, the court upheld a preliminary objection filed by the second and third defendants, who argued that the suit was commenced through the wrong procedure.
Justice Nwite held that the issues raised by the plaintiffs were contentious and involved allegations of fraud and disputed facts which could not be resolved through originating summons.
The judge ruled that the matter ought to have been initiated through a writ of summons to allow parties to call oral evidence and cross-examine witnesses.
The judge held that the matter was instituted through an improper procedure and was thereby incompetent, and consequently struck out the suit.
“Consequently, the second and third defendants’ preliminary objection is upheld, and this suit is hereby struck out,” he added.
The judge, however, proceeded to determine the substantive claims of the plaintiffs, “assuming I am wrong” on the procedural issue.
In the substantive decision, Justice Nwite held that the plaintiffs failed to establish with credible evidence that Chief Ricketts had defected from ADA to the African Democratic Congress (ADC), as alleged.
The plaintiffs had relied on online newspapers publications to argue that Ricketts had joined the ADC before the suit was filed.
But the judge held that newspaper publications were insufficient proof of the truth of their contents.
Citing several authorities, including Ojukwu v. Yar’Adua and Fawehinmi v. IGP, the court held that newspaper reports only establish that a publication was made and not the veracity of the allegations contained in them.
Justice Nwite further held that the plaintiffs failed to provide independent evidence showing that Ricketts had formally defected to the ADC.
According to the court, there was no evidence such as membership records, a membership card, or proof of dues payment linking him to the ADC.
The court also agreed with INEC’s position that the plaintiffs failed to comply with constitutional and electoral requirements for political party registration.
The judge noted inconsistencies in the names of the interim national officers submitted to INEC and those contained in the association’s original letter of intent.
