Court Rejects Suit Seeking INEC Registration of ADA as Political Party

Justice Emeka Nwite of the Federal High Court in Abuja has dismissed a suit seeking to compel the Independent National Electoral Commission to register the All Democratic Alliance (ADA) as a political party.

In a judgment delivered in Abuja, 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 instituted the action against INEC alongside Akin Ricketts and Aminu Ahmed, asking the court to compel the electoral body to register ADA as a political party.

They also sought a declaration that the association should be deemed registered under Section 75(4) of the Electoral Act 2022, arguing that INEC failed to act within the statutory period required by law.

However, the court upheld a preliminary objection filed by the second and third defendants, who contended that the suit was commenced through the wrong legal procedure.

Justice Nwite ruled that the issues raised by the plaintiffs involved contentious allegations, including claims of fraud and disputed facts, which could not be resolved through an originating summons procedure.

According to the judge, the matter ought to have been initiated through a writ of summons to enable parties present oral evidence and cross-examine witnesses.

“The matter was instituted through an improper procedure and was thereby incompetent,” the judge held before striking out the suit.

“Consequently, the second and third defendants’ preliminary objection is upheld, and this suit is hereby struck out,” he added.

Despite striking out the suit on procedural grounds, Justice Nwite proceeded to examine the substantive issues raised by the plaintiffs “assuming I am wrong” on the procedural objection.

On the substantive claims, the court held that the plaintiffs failed to establish with credible evidence that Chief Ricketts had defected from ADA to the African Democratic Congress as alleged.

The plaintiffs had relied mainly on online newspaper publications to support their claims that Ricketts joined ADC before the suit was filed.

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But the judge ruled that newspaper publications alone were insufficient proof of the truth of their contents.

Citing legal authorities including Ojukwu v. Yar’Adua and Fawehinmi v. IGP, the court held that newspaper reports only prove that a publication was made and not the authenticity of the allegations contained in them.

Justice Nwite further held that the plaintiffs failed to present independent evidence such as membership records, party cards or proof of dues payment linking Ricketts to the ADC.

The court also agreed with INEC that the plaintiffs failed to comply with constitutional and electoral requirements guiding political party registration.

According to the judge, there were inconsistencies in the names of interim national officers submitted to INEC and those contained in the association’s original letter of intent.

He held that the plaintiffs failed to provide satisfactory explanations for the discrepancies.

“In sum, I am of the view, and I so hold, that the case of the plaintiffs is lacking in merit and not supported by credible evidence, and it is hereby dismissed,” Justice Nwite ruled.