Fidelia Soriwei, Abuja
The Federal High Court in Abuja on Wednesday dismissed a suit filed by the All Democratic Alliance against the Independent National Electoral Commission.
Justice Emeka Nwite ruled that the case was brought before it through the wrong legal procedure and lacked merit.
JusticeNwite held that the suit, which contained allegations of fraud, ought to have been initiated through a writ of summons rather than an originating summons used by the plaintiffs.
According to the judge, cases involving allegations of fraud or criminal conduct require full trial proceedings, including oral evidence and cross-examination of witnesses, instead of relying solely on 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,” Justice Nwite said while delivering judgment.
The court also ruled that the procedure adopted by the plaintiffs denied the defendants the opportunity to properly challenge the affidavit evidence presented against them.
Justice Nwite noted that the filing process adopted in the matter was fundamentally defective and affected the court’s jurisdiction to hear the case.
“Adopting this mode of suit is in itself hostile,” the judge stated.
He further held that allegations bordering on fraud could not be competently determined through originating summons proceedings because such matters required detailed examination of evidence during trial.
The judge consequently upheld the preliminary objections raised by the defendants and struck out the proceedings.
“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,” he ruled.
Justice Nwite subsequently described the suit as unmeritorious and dismissed it accordingly.
