The Federal High Court in Abuja on Wednesday dismissed a suit filed by the All Democratic Alliance (ADA) against the Independent National Electoral Commission (INEC) for lacking in merit.
Justice Emeka Nwite, in a judgment, held that the suit was incompetent because it was initiated by originating summons inspite of containing allegations of fraud.
“Adopting this mode of suit is in itself hostile,” Justice Nwite said.
The judge held that allegations of crime or fraud cannot be proved by originating summons and 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,” he said.
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.
The judge further held that the procedure adopted deprived the 2nd and 3rd 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.
“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. (NAN)
