Court dismisses ADA's registration lawsuit against INEC

The Federal High Court in Abuja dismissed on Wednesday a suit that sought to force the Independent National Electoral Commission (INEC) to register the All Democratic Alliance (ADA) as a political party.

Justice Emeka Nwite ruled that the action, brought by the association’s promoters, was procedurally improper and lacked credible evidence.

The plaintiffs, headed by Umar Ardo and filing under suit number FHC/ABJ/CS/2788/2025, sued INEC together with Chief Akin Ricketts and Aminu Ahmed, asking the court to order the electoral body to register ADA as a party.

They also requested a declaration that the association should be considered registered under Section 75(4) of the Electoral Act, 2022, on the basis that INEC allegedly failed to act within the statutory timeframe.

The court, however, upheld a preliminary objection raised by the second and third defendants, who contended that the case was initiated through an incorrect procedural route.

Justice Nwite observed that the matters raised by the plaintiffs were contentious, involving allegations of fraud and disputed facts that could not be resolved by an originating summons.

He explained that the appropriate avenue would have been a writ of summons, which permits parties to present oral evidence and cross‑examine witnesses.

“The matter is instituted by an improper procedure and thereby incompetent,” the judge stated, 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,” he added.

Nevertheless, the judge proceeded to address the substantive claims of the plaintiffs, “assuming I am wrong” on the procedural issue.

On the merits, Justice Nwite found that the plaintiffs did not provide credible evidence that Chief Ricketts had defected from ADA to the African Democratic Congress (ADC) as alleged.

The plaintiffs relied on online reports from ThisDay, Daily Post and Tribune newspapers to argue that Ricketts had joined the ADC before the suit was filed.

The judge held that newspaper publications alone are insufficient to prove the truth of their contents.

Referencing authorities such as Ojukwu v Yar’Adua and Fawehinmi v IGP, the court affirmed that newspaper reports merely show that a publication was made, not that the allegations contained therein are true.

“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 remarked.

Justice Nwite further noted that the plaintiffs failed to produce independent evidence—such as membership records, a membership card, or proof of dues payment—demonstrating Ricketts’s formal defection to the ADC.

The court also concurred with INEC’s position that the plaintiffs did not satisfy constitutional and electoral requirements for party registration.

The judge highlighted inconsistencies between the names of the interim national officers submitted to INEC and those listed in the association’s original letter of intent, and found that the plaintiffs did not adequately explain these 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 concluded.