Court Dismisses ADA Suit Seeking Party Registration Against INEC

A Federal High Court in Abuja has dismissed a suit filed by the All Democratic Alliance against the Independent National Electoral Commission over the registration of the association as a political party.

Justice Emeka Nwite, who delivered the judgment on Wednesday, held that the suit was incompetent because it was initiated through originating summons despite containing allegations of fraud.

According to the judge, allegations involving fraud or criminal conduct require a writ of summons that allows for oral evidence and cross-examination of witnesses, unlike originating summons which is restricted to affidavit evidence.

Justice Nwite further stated that the mode of commencing a suit is fundamental because it determines the jurisdiction of the court, adding that improperly filed cases cannot be sustained.

The court also held that the procedure adopted by the plaintiffs deprived the defendants of the opportunity to cross-examine witnesses on issues raised in affidavit depositions, thereby affecting their right to fair hearing.

The judge consequently upheld the preliminary objection raised by the defendants and dismissed the suit for lacking merit.

The plaintiffs in the suit included Umar Ardo, who identified himself as promoter of the association, alongside Marjorie George, Anthony Ojeshina, Alhassan Nuhu, Qoussim Opakunle and Agbo Ndidiamaka Justina.

The suit was filed in January seeking an order compelling INEC to register ADA as a political party. The plaintiffs argued that the association had met all constitutional and statutory requirements under Sections 222 to 224 of the 1999 Constitution, as amended, and Sections 75 and 79 of the Electoral Act 2022.

They also contended that INEC failed to respond to their application within the legally prescribed 60-day period after submitting their registration documents in October 2025.

However, the court ruled that the plaintiffs failed to fully comply with constitutional provisions, the Electoral Act and INEC guidelines governing political party registration.

Justice Nwite observed that the interim national chairman and secretary uploaded by the plaintiffs were different from those contained in their original letter of intent, adding that the applicants lacked the legal standing required to institute the action.

The court maintained that all requirements for political party registration must be cumulatively satisfied and that failure to comply with any condition renders such an application invalid.