Court Declines to Compel INEC to Register ADA

A Federal High Court in Abuja on Wednesday dismissed a suit filed by the All Democratic Alliance (ADA) seeking an order compelling the Independent National Electoral Commission (INEC) to register it as a political party.

Justice Emeka Nwite ruled that the case was improperly filed and therefore incompetent.

The court held that ADA commenced the suit through an originating summons despite raising allegations of fraud against INEC. According to the judge, such claims require a writ of summons, which allows parties to present witnesses and conduct cross-examination during trial.

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

ADA and its promoters approached the court after INEC declined to register the association, arguing that its submission amounted only to a letter of intent and did not satisfy the legal requirements for registration.

INEC had listed ADA among 14 pre-qualified political associations in September last year. By February, however, the commission said only two groups met the conditions for registration.

According to INEC, the Democratic Leadership Alliance (DLA) fulfilled all legal requirements, while the Nigeria Democratic Congress (NDC) secured registration through a court order.

ADA promoters, including Umar Ardo, accused INEC of applying double standards. They alleged that the commission unfairly denied ADA registration while approving NDC, which they claimed was not among the associations shortlisted for screening.

The court, however, said allegations of fraud could not be determined through affidavit evidence alone.

Justice Nwite stated that cases involving disputed facts and criminal allegations must proceed through a writ of summons to ensure a full hearing process, including oral testimony and cross-examination.

He added that the procedure adopted by ADA denied the defendants the opportunity to challenge affidavit depositions, thereby affecting their right to fair hearing.

“The appropriate order is to set aside the entire proceedings,” the judge ruled before dismissing the suit.

Ardo had earlier questioned the basis of NDC’s registration, arguing that the group was not among the 14 associations shortlisted by INEC from the 171 expressions of interest submitted for party registration.