The Federal High Court in Abuja has dismissed a suit filed by the All Democratic Alliance against the Independent National Electoral Commission, ruling that the case lacked merit due to procedural errors in how it was initiated.
Justice Emeka Nwite delivered the judgment on Wednesday, holding that the suit was incompetent because it was brought through an originating summons despite containing allegations of fraud.
According to the court, cases involving fraud or criminal allegations must be commenced by writ of summons, which allows for full trial procedures such as oral testimony and cross-examination of witnesses. The judge noted that originating summons is limited to affidavit evidence and is unsuitable for disputed facts involving allegations of wrongdoing.
Justice Nwite described the procedure adopted by the plaintiffs as “hostile,” stating that it deprived defendants of their right to challenge evidence through cross-examination, thereby affecting fair hearing principles.
The court further held that the improper mode of filing the suit was fundamental, as it impacted the court’s jurisdiction to hear the matter. He added that when a case is wrongly initiated, it cannot be sustained in law.
Delivering his ruling, the judge upheld the preliminary objection raised by the defendants and set aside the entire proceedings.
He concluded that the suit was unmeritorious and dismissed it in its entirety.