The Federal High Court in 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.
Delivering judgment, Justice Emeka Nwite held that the case filed by promoters of the association was incompetent and not supported by credible evidence.
The plaintiffs, led by Umar Ardo, had approached the court alongside Chief Akin Ricketts and Aminu Ahmed, praying for an order compelling INEC to register ADA as a political party. They also asked the court to declare that the association was deemed registered under Section 75(4) of the Electoral Act 2022, alleging that INEC failed to act within the statutory timeframe.
However, the court upheld a preliminary objection raised by the second and third defendants, who argued that the suit was initiated through the wrong legal procedure.
Justice Nwite agreed with the objection, holding that the issues raised were contentious and involved disputed facts and allegations of fraud, which could not be determined through an originating summons. He ruled that the matter ought to have been commenced by a writ of summons to allow for oral evidence and cross-examination of witnesses.
On that basis, the court struck out the suit for being incompetent.
The judge nonetheless proceeded to consider the substantive claims, “assuming I am wrong” on the procedural issue.
On the merits, Justice Nwite held that the plaintiffs failed to provide credible evidence that Chief Ricketts had defected from ADA to the African Democratic Congress (ADC), as alleged. He noted that the plaintiffs relied on online newspaper reports, which the court held were insufficient to prove the truth of their contents.
Citing established legal authorities, the judge stated that newspaper publications only prove that an article was published, not the accuracy of the claims contained in them.
He further held that the plaintiffs failed to present independent evidence such as membership records, identity cards, or proof of dues to establish Ricketts’ alleged membership of the ADC.
The court also upheld INEC’s argument that the plaintiffs did not comply with the constitutional and electoral requirements for political party registration.
Justice Nwite noted inconsistencies in the names of interim national officers submitted to INEC compared to those contained in the association’s original letter of intent, adding that the plaintiffs failed to adequately explain the discrepancies.
“In sum, I hold that the plaintiffs’ case lacks merit and is not supported by credible evidence,” the judge ruled, adding that the suit is hereby dismissed.
Court Strikes Out Suit Seeking INEC Registration of All Democratic Alliance (ADA)
