Court throws out ADA's lawsuit against INEC, citing lack of merit

The Federal High Court in Abuja on Wednesday dismissed a suit filed by the All Democratic Alliance (ADA) against the Independent National Electoral Commission (INEC) for lacking in merit.

Justice Emeka Nwite, in a judgment, held that the suit was incompetent because it was initiated by originating summons in spite of containing allegations of fraud.

“Adopting this mode of suit is in itself hostile,” Justice Nwite said.

The judge explained that allegations of crime or fraud cannot be proved by an originating summons and require a writ of summons, which permits a full trial with oral testimony and cross‑examination of witnesses, unlike an originating summons that is limited to affidavit evidence.

“It is a well‑established issue of law that the appropriate mode of commencement of a suit where there is an allegation of fraud is a writ of summons,” he said.

He noted that the mode of commencement is fundamental because it determines jurisdiction, and an improperly filed suit would deprive the court of jurisdiction to hear the matter.

The judge further observed that the procedure adopted denied the second and third defendants the opportunity to cross‑examine witnesses on the depositions contained in the affidavit evidence, thereby affecting their right to a fair hearing.

He concluded that the case was instituted by improper procedure and could not be sustained.

“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,” Justice Nwite said.

The judge described the suit as unmeritorious and dismissed it. (NAN)

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