Court Declines Jurisdiction, Strikes Out Suit By Action Alliance

Justice Emeka Nwite of the Abuja Division of the Federal High Court has struck out a+-*/ suit filed by the Kenneth Udeze-led leadership of the Action Alliance (AA) and the party’s governorship candidate for Ekiti State, Ayo Ogunlade and his deputy, Aluta Opeyemi Enitan, against the Independent National Electoral Commission (INEC).

The court, in its judgment yesterday, declined jurisdiction to entertain the suit on the grounds that the subject matter was an internal affair of a political party and therefore non-justiciable.

Specifically, the court held that the suit was primarily based on party leadership of the Action Alliance, which was an internal matter and accordingly ousted the court’s jurisdiction to entertain and determine the same.

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

The action was filed in December 2025, following INEC’s failure to 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 its judgment, the court considered the facts pleaded in an application by Miller C. Ogwu, who claimed to be the party’s national secretary, stating, among other things, that the party had no complaints or 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 recognised as National Chairman of the party based on the judgment of a Federal High Court, Osogbo, delivered on February 17, 2025 by Justice Adefumilola A. Demi Ajayi.

In his judgment, Justice Emeka Nwite, after considering the issue of the court’s jurisdiction to hear and determine the matter, declined jurisdiction 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 Kenneth Udeze said the judgment did not in any way tinker with 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 judgments of the Court of Appeal, to show INEC’s partisanship and disregard for obedience to the rule of law as provided in those judgments.

“Gladly, the court of Appeal yet again in its judgment 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 remains 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 a fourth 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 assured that we will take appropriate legal steps immediately after reviewing the judgment delivered today,” Udeze appealed.