The Federal High Court in Abuja on Wednesday dismissed a suit filed by the All Democratic Alliance (ADA) seeking to compel the Independent National Electoral Commission (INEC) to register it as a political party.
Justice Emeka Nwite, while delivering judgment, held that the suit was incompetent because it was commenced through originating summons despite containing allegations of fraud.
The judge explained that cases involving allegations of fraud or criminal conduct cannot be determined through originating summons, which relies mainly on affidavit evidence, but must instead be initiated through a writ of summons to allow for oral evidence and cross-examination of witnesses.
According to him, the procedure adopted by the plaintiffs denied the 2nd and 3rd defendants the opportunity to challenge affidavit evidence through cross-examination, thereby affecting their right to fair hearing.
Justice Nwite ruled that the improper mode of filing robbed the court of jurisdiction to entertain the matter and consequently set aside the entire proceedings.
“The preliminary objection of the defendants stands. I am of the view and I so hold that the appropriate order is to set aside the entire proceedings,” the judge said.
The suit was filed in January by Umar Ardo, who claimed to be the promoter of ADA, alongside Marjorie George, Anthony Ojeshina, Alhassan Nuhu, Qoussim Opakunle and Agbo Ndidiamaka Justina.
They sued INEC, asking the court to compel the electoral body to register ADA as a political party after allegedly meeting all constitutional and statutory requirements.
The plaintiffs argued that the association complied with Sections 222 to 224 of the 1999 Constitution, Sections 75 and 79 of the Electoral Act 2022, as well as INEC’s guidelines for political party registration.
They further claimed that INEC failed to respond within the 60-day period stipulated by law, noting that the commission replied to their October 9, 2025 application on December 18, 2025, after 71 days.
However, Akin Ricketts and Aminu Ahmed, who were later joined as 2nd and 3rd defendants, challenged the suit through a preliminary objection filed on April 20.
They argued that the case involved disputed facts and allegations of fraud which could only be properly determined through a writ of summons and oral evidence.
In his ruling, Justice Nwite agreed with the defendants and also held that the plaintiffs failed to comply with constitutional provisions, the Electoral Act and INEC guidelines governing political party registration.
The judge observed that the interim national chairman and national secretary uploaded by the plaintiffs were different from those listed in their original letter of intent.
He further ruled that the plaintiffs lacked the legal capacity and locus standi to institute the action because they were not the recognised pro tem national chairman and secretary of the association seeking registration.
Justice Nwite added that all conditions for political party registration must be fully satisfied, stressing that failure to meet any requirement renders such an application invalid.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
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