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Says judiciary remains hope of democracy
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From Noah Ebije, Kaduna
The leadership of the Action Alliance (AA) has welcomed the judgment of the Federal High Court sitting in Abuja, affirming Aare Adekunle Rufai Omo-Aje as the authentic presidential candidate of the party.
The National Secretary of the party, Hon. Miller C. Orgwu, made this known in a statement made available to the media in Kaduna on Tuesday.
Orgwu said the judgment had proved that the court remained the last hope of Nigerians and the sustainer of the country’s democracy.
Counsel to Aare Adekunle Rufai Omo-Aje, Barr. Ayibiowu Doland, in a separate statement, explained that the plaintiffs, who were not the persons recognised by law and the Independent National Electoral Commission (INEC) as having standing to act on behalf of the party, sued in the name of the Action Alliance seeking, among other reliefs, an order directing INEC to release the access code to them to upload their particulars as candidates in the forthcoming 2027 general elections.
According to Barr. Doland, the suit was instituted by Barr. Kenneth Udeze, who was purported to be the rightful National Chairman of the Action Alliance. He sought a court order compelling INEC to release the access code to upload the names of candidates who emerged from their purported primaries.
He said INEC, in its response, stated that it acted based on available court decisions on the substantive issue of leadership, arguing that Udeze’s tenure had elapsed, having been National Chairman since 2017 or thereabouts.
He added that, based on court judgments, Udeze had been expelled from the party and there was no evidence of his reinstatement and that, therefore, considering the current state of the law on party leadership, the court declined jurisdiction.
Barr. Doland said that, in its ruling in Suit No. FHC/ABJ/CS/1377/2026, Action Alliance & 5 Ors v INEC, Justice Inyang Edem Ekwo identified three issues for determination.
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He added that, on the first issue of whether the plaintiffs proved that INEC disobeyed any court order, Justice Ekwo held that they failed to identify the precise judgment that INEC allegedly disobeyed.
He also stated that, on the second issue, the court held that the plaintiffs were inviting it to sit on appeal over decisions of higher courts and courts of coordinate jurisdiction that had already been decided based on the party’s constitution.
“The court further held that it lacks jurisdiction to review or interpret judgments of an appellate court or courts of coordinate jurisdiction.
“On the third issue of whether the action was rightly commenced by originating summons, Justice Ekwo held that under the Rules of Court, originating summons is used to construe deeds and wills and not to interpret judgments. He therefore held that the court lacks jurisdiction to entertain the plaintiffs’ case, which sought interpretation of judgments through originating summons.
“The court also held that it is not the venue for parties to resolve their internal disputes and consequently struck out the suit for lack of jurisdiction.
“In a remark during proceedings, Justice Ekwo was quoted as saying to Kenneth Udeze, ‘I no see any judgment wey pronounce Kenneth Udeze as National Chairman,’ thereby dismissing his claim to the party’s leadership.
“The court noted that the plaintiffs were not the persons recognised by law and INEC as entitled to represent the party and that their attempt to take over the party’s structure and hijack its candidacy ahead of the 2027 general elections had failed.
“With the ruling, Aare Adekunle Rufai Omo-Aje remains the presidential candidate of the Action Alliance, a development the party leadership described as victory for internal democracy and the rule of law,” Barr. Doland explained.
