Citing Lack of Jurisdiction, Court Strikes out Action Alliance Leadership Suit

*I remain national chairman, Udeze insists

Alex Enumah in Abuja

The Abuja division of the Federal High Court has struck out the suit filed by the Kenneth Udeze led leadership of the Action Alliance (AA) and the party’s governorship candidate for Ekiti State, Ayo Ougunlade and his deputy, Aluta Opeyemi Enitan against the Independent National Electoral Commission (INEC).

Justice Emeka Nwite in a judgment declined jurisdiction to entertain the suit on the grounds that the subject matter patterns to the internal affairs of a political party and therefore non-justiciable.

Specifically, the court held that the suit is primarily based on the AA leadership hence, the absence of jurisdiction to entertain and determine same.

The suit which among others seeks the declaration that INEC having monitored and adjudge as peaceful the 1st plaintiff (Action Alliance) primary election which produced Ogunlade and Enitan as governorship and deputy governorship candidates for Ekiti State 2026 gubernatorial election, the electoral body should take necessary step to include their names by issuing the legal and legitimate leadership of AA under the Chief kenneth Udeze, the access code to upload the names of the validly nominated candidates of the party.

The suit was initiated in December, 2025 following the failure of INEC to allegedly comply with the provisions of Sections 29, 30,31,32 and 84 of the Electoral Act 2022, Sections 40 and 221 of the constitution of the Federal Republic of Nigeria, 1999 as amended and the INEC Electoral Guidelines.

However, in it’s judgment, the court considered the facts of the pleadings contained in an application by Miller C. Ogwu, who claims to be National Secretary of the party, stating among others, that the party has no complaints and cause of action.

He specifically stated that the access code for upload of details of the governorship candidate for Ekiti State has been released to Action Alliance to one Adekunle Rufai Omoaje who INEC recognized as National Chairman of the party based on the judgment of a Federal High Court in Osogbo, delivered on February 17, 2025 by Justice Adefumilola Ajayi.

In his judgment, Justice Emeka Nwite had after considering the issue of jurisdiction of the court to hear and determine the matter, declined same and struck out the suit for want of jurisdiction.

The court did not make any pronouncement on the merit of the suit.

Responding to the judgment, Chief Udeze said the judgment did not in any way tinker his position as the National Chairman of the party, by virtue of several Court of Appeal judgements which are superior to the Federal High Court, Osogbo judgement, relied upon by INEC in contemplating giving recognition to Adekunle Omoaje in violation of the court of Appeal decisions.

Udeze said this injustice is what the suit decided today seeks to address by putting all materials before the court including judgements of Court of Appeal to show the partisanship of INEC and disregard to obedience to rule of law as provided in the judgements of Court of Appeal.

“Gladly, the Court of Appeal yet again in its judgement delivered by the Makurdi judicial Division in Appeal: CA/MK/60/2026 Between Dr Manga S Asha Vs Kenneth Udeze & Anor in 22nd April 2026, affirmed the position of Chief Kenneth Udeze and Vernimbe James as National Chairman and National Secretary of Action Alliance elected in the party’s convention held in 22nd February 2025 at Gwarimpa, Abuja which was challenged by the Appellant Dr Manga S. Asha and his appeal struck out.

“The leadership of Action Alliance under Chief Barr Kenneth Udeze remain resolute in their fight against impostors trying to take over the party and challenging non-compliance and selective enforcement of court orders by INEC.

“The National Executive committee of Action Alliance (AA) under the leadership of Chief Barr Kenneth Udeze will continue to fight using the court and other legitimate means to address what appears to be a hijack of its party by forth columnist in collaboration with INEC and will leave no stone unturned in its quest to promote fairness, justice and political participation in our nascent democracy.

“We urge all our loyal party members and supporters of our validly nominated Governorship candidate and his running mate in Ekiti state to remain calm and be rest assured we will take appropriate legal step immediately after reviewing the judgement delivered today,” Udeze appealed.