Justice Emeka Nwite of the Federal High Court, 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.
In his judgment, 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 suit against INEC, Chief Akin Ricketts, and Aminu Ahmed, seeking an order directing the electoral commission to register ADA as a political party.
They also asked the court to declare the association deemed registered under Section 75(4) of the Electoral Act, 2022, arguing that INEC failed to act within the statutory period prescribed by law.
However, the court upheld a preliminary objection filed by the second and third defendants, who contended that the suit was initiated through the wrong legal procedure.
Justice Nwite ruled that the issues raised by the plaintiffs were contentious and involved allegations of fraud and disputed facts that could not be resolved through an originating summons.
According to the judge, the matter ought to have been commenced through a writ of summons, which would allow parties to present oral evidence and cross-examine witnesses.
He consequently held that the suit was incompetent for having been instituted through an improper procedure and struck it out.
“Consequently, the second and third defendants’ preliminary objection is upheld, and this suit is hereby struck out,” the judge ruled.
Justice Nwite, however, proceeded to consider the substantive claims of the plaintiffs “assuming I am wrong” on the procedural issue.
In his substantive findings, the judge held that the plaintiffs failed to establish with credible evidence that Chief Akin Ricketts had defected from ADA to the African Democratic Congress (ADC), as alleged.
The plaintiffs had relied on online newspaper reports to support their claim that Ricketts joined the ADC before the suit was filed.
But the court held that newspaper publications were insufficient to prove the truth of their contents.
Citing judicial authorities, including Ojukwu v. Yar’Adua and Fawehinmi v. IGP, Justice Nwite held that newspaper reports only establish that a publication was made and not the authenticity of the allegations contained in them.
The judge further ruled that the plaintiffs failed to provide independent evidence showing that Ricketts had formally defected to the ADC.
According to the court, there was no proof such as membership records, a membership card, or evidence of dues payment linking him to the ADC.
The court also agreed with INEC’s position that the plaintiffs failed to comply with constitutional and electoral requirements for political party registration.
Justice Nwite pointed to inconsistencies in the names of interim national officers submitted to INEC and those contained in the association’s original letter of intent, noting that the plaintiffs failed to satisfactorily explain 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,” the judge ruled.
