The court dismissed ADA’s lawsuit against INEC

Justice Emeka Nwite of the Federal High Court, Abuja, on Wednesday dismissed a lawsuit filed by the All Democratic Alliance (ADA) against the Independent National Electoral Commission (INEC).

Justice Nwite in his ruling deemed the lawsuit incompetent because it started with a summons even though it contained allegations of fraud.

“Adopting this mode of lawsuit is itself a hostile act,” he said.

The judge was of the opinion that allegations of criminal acts or fraud could not be proven by making a summons.

Like. According to him, a summons is needed that allows a thorough trial to be conducted, including oral statements and cross-examination of witnesses, in contrast to summons which are limited to written evidence.

“It is a well-established matter of law that the proper way to commence a lawsuit if there is an allegation of fraud is by summons,” the judge added.

He stated that the manner in which a lawsuit is initiated is fundamental, as it determines jurisdiction, and if filed incorrectly, it will deprive the court of jurisdiction to try the matter.

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The judge was of the opinion that the case was initiated through improper procedures and could not be continued.

“The defendants’ initial objections remain valid.

“I am of the view and I am of the opinion that the appropriate order is to set aside the entire trial process,” Justice Nwite said.

He argued that the lawsuit was without merit and therefore dismissed it.

The plaintiffs in the lawsuit include Umar Ardo, who claims to be a party promoter; Marjorie George, Anthony Ojeshina and Alhassan Nuhu.

Others are Qoussim Opakunle and Agbo Ndidiamaka Justina.

They filed suit in January and asked for an order forcing the commission to list the ADA.