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, who delivered the judgment, held that the suit filed by promoters of the association was incompetent and not supported by credible evidence.
The plaintiffs, led by Umar Ardo, had instituted the suit marked FHC/ABJ/CS/2788/2025 against INEC, Chief Akin Ricketts and Aminu Ahmed. They sought an order directing the electoral commission to register ADA as a political party.
The plaintiffs also asked the court to declare the association as duly 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 argued that the suit was initiated through the wrong legal procedure.
Justice Nwite ruled that the issues raised by the plaintiffs involved allegations of fraud and disputed facts, which could not be resolved through an originating summons.
According to the judge, the matter ought to have been commenced through a writ of summons to allow parties present oral evidence and cross-examine witnesses.
“The matter is instituted by an improper procedure and thereby incompetent,” the judge held while striking out the suit.
The judge further stated that the improper procedure deprived the court of the jurisdiction required to determine the matter.
Despite striking out the case on procedural grounds, Justice Nwite went ahead to examine the substantive claims of the plaintiffs “assuming I am wrong” on the issue of procedure.
On the substantive claims, the court held that the plaintiffs failed to provide credible evidence proving that Chief Ricketts had defected from ADA to the African Democratic Congress as alleged.
The plaintiffs had relied on reports published by This Day, Daily Post and Tribune newspapers to support their claim that Ricketts joined the ADC before the suit was filed.
But the court ruled that newspaper publications alone were insufficient to establish the truth of such allegations.
Citing legal authorities including Ojukwu v Yar’Adua and Fawehinmi v IGP, Justice Nwite held that newspaper reports only prove that a publication was made and not the authenticity of the claims contained in them.
“Any person may author a report, print a story or circulate a rumour through a publication, but this does not imbue the report with sanctity of truth,” the judge said.
The court also noted that the plaintiffs failed to provide independent evidence such as membership records, membership cards or proof of dues payment linking Ricketts to the ADC.
Justice Nwite further agreed with INEC that the plaintiffs failed to comply with constitutional and electoral requirements guiding political party registration.
The court identified inconsistencies in the names of interim national officers submitted to INEC and those contained in the association’s original letter of intent, adding that the discrepancies were not satisfactorily explained.
“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.
Margaret ABAH
