The Federal High Court in Abuja has dismissed a lawsuit filed by the All Democratic Alliance (ADA) against the Independent National Electoral Commission (INEC), ruling that the case lacked merit.
Delivering judgment on Wednesday, Justice Emeka Nwite held that the suit was improperly filed through an originating summons despite containing allegations of fraud.
According to the judge, cases involving accusations of fraud or criminal conduct cannot be determined through originating summons because such matters require detailed examination through a writ of summons, which allows witnesses to testify and be cross-examined in court.
Justice Nwite explained that an originating summons relies mainly on affidavit evidence and is unsuitable for cases involving disputed facts or allegations of wrongdoing.
He further stated that the method used in filing the suit was legally defective and affected the court’s jurisdiction to entertain the matter.
The judge also noted that the procedure adopted denied the second and third defendants the opportunity to challenge affidavit evidence through cross-examination, thereby affecting their right to fair hearing.
Based on these findings, the court upheld the preliminary objections raised by the defendants and set aside the entire proceedings.
Justice Nwite subsequently dismissed the suit, describing it as lacking merit.
