The Federal High Court in Abuja has dismissed a suit filed by promoters of the All Democratic Alliance (ADA) seeking to compel the Independent National Electoral Commission (INEC) to register the group as a political party.
Justice Emeka Nwite held that the suit was incompetent, procedurally defective, and unsupported by credible evidence.
The suit was filed by ADA promoters led by Umar Ardo, who joined INEC, Chief Akin Ricketts, and Aminu Ahmed as defendants.
They asked the court to compel INEC to register ADA as a political party and to declare that the association was deemed registered under Section 75(4) of the Electoral Act, 2022, arguing that the commission failed to act within the statutory timeframe.
Delivering judgment, Justice Nwite upheld a preliminary objection filed by the second and third defendants, ruling that the suit was improperly commenced.
He held that the claims involved disputed facts and allegations of fraud that required oral evidence, not an originating summons.
“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 said.
The court consequently struck out the suit.
Although the court resolved the case on procedural grounds, Justice Nwite also considered the merits of the claims “assuming I am wrong” on procedure.
On the substance, the court held that the plaintiffs failed to prove their allegation that Chief Akin Ricketts had defected from ADA to the African Democratic Congress (ADC).
The judge said the plaintiffs relied on online newspaper reports, which were insufficient as evidence.
“Newspaper publications only establish that a publication was made, not the truth of its contents,” the court held, citing authorities including Ojukwu v. Yar’Adua and Fawehinmi v. IGP.
He added that the plaintiffs failed to provide independent proof of defection, such as membership records, a party card, or evidence of dues payment.
The court also agreed with INEC that the promoters did not comply with constitutional and electoral requirements for political party registration.
Justice Nwite noted inconsistencies in the names of interim national officers submitted to INEC compared with those contained in the association’s initial letter of intent.
He said the discrepancies were not adequately explained.
“In sum, I find that the plaintiffs’ case lacks merit and is not supported by credible evidence,” Justice Nwite ruled. “It is hereby dismissed.”
