AA: Court Strikes Out Suit Against Electoral Commission, Udeze

Justice Obiora Egwuatu of the Abuja division of the Federal High Court has struck out a suit filed by Chief Adekunle Omoaje, seeking an order directing the Independent National Electoral Commission (INEC) to publish his name on its website portal as the National Chairman of the Action Alliance.

In the suit marked FHC/KB/CS/8/2024, Omoaje listed the Independent National Electoral Commission and Chief Kenneth Udeze as the 1st and 2nd respondents.

However, when the case was called for mention, counsel to the plaintiffs (Action Alliance and Omoaje), Ikechukwu Success, made an oral application to discontinue the suit.

The application was not objected to by counsel for Chief Kenneth Udeze (2nd defendant), Nwaohiri Chinedum, who was holding the brief of Madeh Yakubu.

Meanwhile, the Independent National Electoral Commission (INEC) listed as the 1st defendant, was not represented by counsel.

Accordingly, Justice Obiora Ogwuatu struck out the case on the strength of the application for discountenance.

In the amended originating summons, Omoaje had urged the court to determine among others,

“Whether having regards to section 40, 221, 222 (b) and 223 of the 1999 constitution; section 82 (1) (2)(3) and section 83(1) of Electoral Act 2022, Article 31 (1) (2) of the Action Alliance Constitution and the Action Alliance National Convention Report of 7th October 2023, the removal of the 2nd plaintiff’s name, as National Chairman of the 1st plaintiff (Action Alliance), is not unconstitutional, illegal, null and void.

“Whether having regards to section 40, 221, 222 (b) and 223 of the 1999 constitution; section 82 (1) (2)(3) and section 83(1) of Electoral Act 2022, Article 31 (1) (2) of the Action Alliance Constitution and the Action Alliance National Convention Report of 7th October 2023, the 2nd plaintiff having being duly elected as the National Chairman of the 2nd plaintiff (Action Alliance), ought not have his name published on the defendant (INEC) website portal as National Chairman of the 1st plaintiff for four years, particularly till 2027.

He consequently sought for an order of court nullifying the purported removal or substitution of the 2nd plaintiff on the INEC website portal.

An order of court directing the 1st defendant (INEC) to publish the name of the 2nd plaintiff as the National Chairman of the 1st plaintiff on its website.

And also, an order of court restraining INEC from further tempering or substituting the name of the 2nd plaintiff as the National Chairman of Action Alliance.