A Federal High Court in Abuja has dismissed the All Democratic Alliance's case against INEC on Wednesday.
Justice Emeka Nwite ruled the suit was improperly filed and therefore lacked merit. The court found the ADA used the wrong legal procedure to bring the case.
According to the judge, originating summons cannot be used for cases involving fraud allegations. Such matters require a writ of summons to allow for oral evidence and cross-examination.
The improper filing method was fundamental, Justice Nwite held. It stripped the court of jurisdiction and denied the defendants their right to fair hearing.
"The appropriate order is to set aside the entire proceedings," the judge ruled. He upheld the defendants' preliminary objection to the case.
Even if the court had proper jurisdiction, the ADA still failed to meet registration requirements, Justice Nwite added. The party had asked the court to force INEC to register it as a political party.
ADA claimed it satisfied all conditions under the 1999 Constitution and the Electoral Act 2022. It also argued INEC breached the 60-day processing window by responding 71 days after the application.
But the court disagreed on the merits. The application did not fully comply with registration rules, Justice Nwite found.
He also noted the plaintiffs lacked standing to bring the suit. Those who filed the case were not the recognized pro tem national chairman and secretary of the association.
Leadership details submitted differed from what appeared in the initial INEC application. This discrepancy weighed against the ADA's case.
Justice Nwite struck out and dismissed the entire suit. The All Democratic Alliance lost on both procedural and substantive grounds.
