Court dismisses ADA’s registration suit against INEC

The Federal High Court in Abuja on Wednesday dismissed a suit seeking to compel the Independent National Electoral Commission to register the All Democratic Alliance as a political party. Justice Emeka Nwite, in a judgment, held that the suit filed by promoters of the association was incompetent and unsupported by credible evidence. The plaintiffs, led by Umar Ardo, in suit number FHC/ABJ/CS/2788/2025, had sued INEC alongside Chief Akin Ricketts and Aminu Ahmed, seeking an order compelling the electoral body to register ADA as a political party. They also urged the court to declare the association deemed registered under Section 75(4) of the Electoral Act, 2022, on the grounds that INEC allegedly failed to act within the statutory period.

However, the court upheld a preliminary objection filed by the second and third defendants, who argued that the suit was commenced through the wrong procedure. Justice Nwite held that the issues raised by the plaintiffs were contentious and involved allegations of fraud and disputed facts, which could not be resolved through an originating summons. The judge ruled that the matter ought to have been initiated through a writ of summons to allow parties to call oral evidence and cross-examine witnesses. “The matter is instituted by an improper procedure and thereby incompetent,” the judge held, and consequently struck out the suit.

“In view of the foregoing analysis, I am of the view, and I so hold, that this matter is instituted by an improper procedure, and thereby incompetent, and in turn robbed the court of its requisite decision. “Consequently, the second and third defendants’ preliminary objection is upheld, and this is hereby struck out,”.

The judge, however, proceeded to determine of the plaintiffs, “assuming I am wrong” on the procedural issue. In the substantive decision, Justice Nwite 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 on online publications by ThisDay, Daily Post and Tribune newspapers to argue that Ricketts had joined the ADC before the suit was filed. But the judge held that newspaper publications were insufficient proof of the truth of their contents.