The Federal High Court sitting in Abuja on Wednesday dismissed a suit challenging the refusal of the Independent National Electoral Commission (INEC) to register the All Democratic Alliance (ADA) for lacking merit.
Delivering judgement, Justice Emeka Nwite held that the suit was incompetent because it was initiated by an originating summons in spite of containing allegations of fraud.
“Adopting this mode of suit is in itself hostile,” Justice Nwite declared.
The judge held that allegations of crime or fraud cannot be proved by originating summons and require a writ of summons, which allows for a full trial, including oral testimony and cross-examination of witnesses, unlike an originating summons which is restricted to affidavit evidence.
“It is a well-established issue of law that the appropriate mode of commencement of a suit where there is an allegation of fraud is writ of summons,” he said.
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Justice Nwite stated that the mode of commencement of a suit is fundamental, as it determines jurisdiction, and where improperly filed, it would rob the court of jurisdiction to hear the matter.
Justice Nwite further held that the procedure adopted deprived the second and third defendants in the case of the opportunity to cross-examine witnesses on depositions contained in the affidavit evidence, and thus “will affect their right to fair hearing.”
The judge held that the case was instituted by improper procedure and could not be sustained.
He consequently described the suit as unmeritorious and dismissed it.
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