The Federal High Court in Abuja on Wednesday threw out a suit filed by the All Democratic Alliance (ADA) against the Independent National Electoral Commission (INEC), ruling that it lacked merit.
In his judgment, Justice Emeka Nwite said the suit was incompetent because it was commenced through an originating summons despite involving allegations of fraud.
“Adopting this mode of suit is in itself hostile,” Justice Nwite said.
The judge explained that allegations of crime or fraud cannot be established through an originating summons and must instead be initiated by a writ of summons, which permits a full trial process, including oral evidence and cross-examination of witnesses. He noted that originating summons proceedings are limited 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 a writ of summons,” he said.
Justice Nwite added that the procedure used to commence a suit is crucial because it determines the court’s jurisdiction, and an improperly filed matter deprives the court of the authority to entertain it.
He further stated that the process adopted denied the 2nd and 3rd defendants the chance to cross-examine witnesses on statements contained in the affidavit evidence and therefore “will affect their right to fair hearing”.
The judge concluded that the suit was initiated through the wrong procedure and could not stand.
“The preliminary objection of the defendants stands.
“I am of the view and I so hold that the appropriate order is to set aside the entire proceedings,” Justice Nwite said.
The judge consequently described the suit as unmeritorious and accordingly dismissed it.
