The Court of Appeal sitting in Akure, Ondo State has granted an application filed by the national chairman of the Action Alliance (AA), Kenneth Udeze, to withdraw as an interested party in a suit challenging the party’s leadership.
Udeze had through motions on notice Nos. CA/AK/268M/2025 and CA/AK/309M/2025 sought leave to withdraw from the matter, arguing that the courts of competent jurisdiction had already determined the issues raised in the appeal in favour of their leadership of the party.
In a statement made available to LEADERSHIP, he said the judgment of the Federal High Court, Osogbo Division, in Suit No. FHC/OS/CS/34/2025, which formed the basis for filing the motions before the Court of Appeal, was delivered on 29th September, 2025, despite the existence of several subsisting Court of Appeal judgments affirming him as the authentic national chairman of the Action Alliance.
Udeze maintained that the appellate court decisions recognising his leadership remain superior and binding, stressing that they outweigh the judgment of a lower court.
“The several decisions of the Court of Appeal affirming Chief Barr. Kenneth Udeze, as the authentic National Chairman of the party, is overwhelming, superior and evidence against a judgment of a lower court,” he said.
He further argued that the Court of Appeal judgments are binding on all persons and authorities in Nigeria and cannot be set aside by a lower court.
Udeze also referenced the pending appeal before the Supreme Court in Appeal No. SC/CV/162/2024 between Adekunle Rufai Omoaje and others and Chief Uzewuru Nwachukwu and others, arising from the judgment of the Court of Appeal, Abuja Division, delivered on 26 January 2024.
According to him, the Abuja Division’s judgment had affirmed and recognised him as the authentic and lawful National Chairman of the Action Alliance, and remains valid pending the determination of the appeal before the Supreme Court.
He described the Court of Appeal’s decision granting his application to withdraw from the Akure proceedings as a welcome development, insisting that existing appellate court judgments had already settled the leadership dispute.
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