ARTICLE AD BOX
Justice Emeka Nwite of the Federal High Court, Abuja, on Wednesday dismissed a suit filed by the All Democratic Alliance (ADA) against the Independent National Electoral Commission (INEC).
Justice Nwite, in a judgment , held that the suit was incompetent because it was initiated by originating summons despite containing allegations of fraud.
“Adopting this mode of suit is in itself hostile,” He said.
The judge held that allegations of crime or fraud cannot be proved by originating summons.
Such. according to him, require a writ of summons, which allows for full trial, including oral testimony and cross-examination of witnesses, unlike 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,” the judge added.
He 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.
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The judge held that the case was instituted by improper procedure and could not be sustained.
“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 stated.
He held that the suit lacked merit and accordingly dismissed it.
The plaintiffs in the suit include Umar Ardo, who claimed to be the promoter of the party; Marjorie George, Anthony Ojeshina and Alhassan Nuhu.
Others are Qoussim Opakunle and Agbo Ndidiamaka Justina.
They filed the suit in January and sought an order compelling the commission to register ADA.
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