Court declines jurisdiction, strikes out Action Alliance suit

…as Udeze insists he remains party’s national chairman

The Federal High Court in Abuja 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 Ogunlade, and his deputy, Aluta Opeyemi Enitan, against the Independent National Electoral Commission (INEC).

The trial judge, Justice Emeka Nwite, in his judgment on Thursday, declined jurisdiction to entertain the suit on the grounds that the subject matter is an internal affair of a political party and therefore non-justiciable.

The court specifically held that the suit, primarily based on the party leadership of the Action Alliance, is an internal affair and accordingly ousted the court’s jurisdiction to entertain and determine it.

The suit, which among others seeks 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 the Ekiti State 2026 gubernatorial election, should take necessary steps to include their names by issuing the legal and legitimate leadership of Action Alliance under 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 the failure of INEC 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 of the pleadings contained in an application by Miller C. Ogwu, who claims to be the National Secretary of the party, stating among others that the party has no complaints or cause of action.

He specifically stated that the access code for the upload of details of the governorship candidate for Ekiti State has been released to Action Alliance, to one Adekunle Rufai Omoaje, whom INEC recognised 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 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 same and struck out the suit for want of jurisdiction, and 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 judgments which are superior to the Federal High Court, Osogbo judgment 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 the partisanship of INEC and disregard for obedience to the rule of law as provided in the judgments of the Court of Appeal.

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“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 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