Court dismisses ADA’s case against INEC

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) for being improperly instituted.

Justice Emeka Nwite, in a ruling, found that the case was incompetent because it was initiated by summons despite allegations of fraud.

“To adopt this course of action is in itself hostile,” Judge Nwite said.

The judge held that allegations of crime or fraud cannot be proven by subpoena and require a subpoena, which allows for a full trial, including oral testimony and cross-examination of witnesses, unlike the subpoena which is limited to affidavit evidence.

“It is a well-settled point of law that the appropriate mode of bringing a case where there is an allegation of fraud is by summons,” he said.

He said how a lawsuit is filed is critical, as it determines jurisdiction and, if filed improperly, would deprive the court of jurisdiction to hear the matter.

The judge also found that the procedure adopted deprived the 2nd and 3rd defendants of the opportunity to cross-examine witnesses on the statements contained in the affidavit evidence, and therefore “will affect their right to a fair trial”.

NDLEA intercepts $10.4 billion worth of drugs at Lagos port

The judge found that the case had been brought with an improper procedure and could not be sustained.

«The defendants’ preliminary objection is firm.

“I am of the view and hold it to be such that the appropriate order is to quash the entire proceedings,” Justice Nwite said.

The judge deemed the lawsuit unfounded and therefore rejected it.

The plaintiffs in the case include Umar Ardo, who claimed to be the party’s promoter; Marjorie George, Anthony Ojeshina and Alhassan Nuhu.

Others are Qoussim Opakunle and Agbo Ndidiamaka Justina.

They had filed a lawsuit in January against INEC and sought an order compelling the commission to register ADA.

In March, Akin Ricketts and Aminu Ahmed joined the suit as 2nd and 3rd defendants respectively.

The lawsuit followed the ADA’s application for registration as a political party, which it said met all legal requirements.

The association said it satisfies the conditions set out in sections 222 to 224 of the 1999 Constitution (as amended), as well as sections 75 and 79 of the Electoral Act 2022 and INEC’s Regulations and Guidelines for Political Parties.

The appellants argued that despite meeting these requirements, INEC failed to register the association within the statutory deadline.

He further argued that INEC’s response letter dated 18 December 2025 was issued 71 days after his request of 9 October 2025, thus violating the statutory 60-day deadline for response.

In its original summons, they asked the court to determine whether, having satisfied all legal requirements under the Constitution and electoral law, INEC had no legal obligation to register the association as a political party, among others.

However, the 2nd and 3rd defendants Ricketts and Ahmed contested the suit on jurisdictional and procedural grounds.

In their joint preliminary objection filed April 20, they argued that the company was incompetent because it issued a subpoena despite raising allegations of fraud and disputed facts.

They argued that such matters required proof by oral evidence through a writ of summons, which would allow for, among other things, the cross-examination of witnesses.

In Wednesday’s ruling, Judge Nwite upheld the defendants’ preliminary objection.

“Fraud or forgery is a criminal offense that must be proven beyond a reasonable doubt,” the judge said.

The judge said that even if he was wrong about jurisdiction, he would still consider the merits of the case.

The judge, therefore, found that the applicants’ application did not comply with sections 222 to 224 of the 1999 Constitution (as amended), section 79 of the Electoral Act, 2022 and the INEC rules and guidelines governing the registration of political parties.

He noted that the acting national president and national secretary uploaded by the appellants were not the same as those contained in their letter of intent.

The judge agreed with the defendants that the plaintiffs lacked legal capacity and standing to bring the action, as they were not the pro tempore national president and pro tempore national secretary of the association intended for registration.

According to him, those applying for registration as a political party must cumulatively fulfill all the requirements.

It said failure to meet any of the requirements renders the application invalid.

(NAN)

Related