The Federal High Court sitting in Abuja has thrown out a case seeking to compel the Independent National Electoral Commission (INEC) to register the All Democratic Alliance (ADA) as a political party, describing the action as incompetent and procedurally flawed.
The ruling was delivered on Wednesday by Justice Emeka Nwite of the Federal High Court in Abuja, who held that the case lacked merit and was not supported by credible evidence.
The suit was filed by promoters of the association led by Umar Ardo in case number FHC/ABJ/CS/2788/2025. The defendants included INEC, Chief Akin Ricketts, and Aminu Ahmed, with the plaintiffs asking the court to order INEC to register ADA as a political party.
They also asked the court to declare that the association should be deemed registered under Section 75(4) of the Electoral Act 2022, arguing that INEC allegedly failed to act within the required legal timeframe.
However, the court upheld preliminary objections raised by the second and third defendants, agreeing that the suit was initiated through the wrong legal procedure.
Justice Nwite ruled that the issues raised involved disputed facts and allegations that could not be resolved by originating summons alone, noting that the matter should have been brought through a writ of summons to allow for oral evidence and cross-examination.
On that basis, he held that the case was incompetent and struck it out.
In his words, the Judge stated that the matter “was instituted by an improper procedure and thereby incompetent,” adding that this deficiency deprived the court of jurisdiction to properly determine it.
He consequently upheld the preliminary objection and dismissed the suit.
Despite striking out the case on procedural grounds, the Judge still went further to consider the substantive claims “assuming I am wrong” on the issue of procedure.
On the merits, Justice Nwite found that the plaintiffs failed to provide credible proof that Chief Akin Ricketts had defected from ADA to the African Democratic Congress (ADC), as alleged.
The plaintiffs had relied on reports published by ThisDay, Daily Post, and Tribune newspapers, but the court held that media reports alone do not constitute proof of the truth of their contents.
Citing earlier judicial authorities, the court reiterated that newspaper publications only prove that a report was made, not that the content is accurate.
Justice Nwite further noted that the plaintiffs failed to present independent evidence such as membership records, party cards, or proof of dues linking Ricketts to the ADC.
The court also agreed with INEC that there were inconsistencies in the list of interim national officers submitted by the association compared to its initial letter of intent, with no satisfactory explanation provided.
In conclusion, the Judge held that the plaintiffs’ case was “lacking in merit and not supported by credible evidence,” and accordingly dismissed it in full.
