The Action Alliance (AA) on Monday served the Independent National Electoral Commission (INEC) and its National Chairman, Prof. Mahmood Yakubu, with a contempt of court notice—commonly referred to as Form 49—through substituted means.
This development was disclosed in a statement issued by the National Chairman of the party, Hon. Adekunle Rufai Omoaje, and made available to journalists in Kaduna.
According to the statement, the action followed a ruling by the Federal High Court sitting in Osogbo, Osun State, which granted permission for the party to serve the contempt notice through substituted means. The court order came in response to INEC and Prof. Yakubu’s alleged refusal to comply with multiple court judgments concerning the internal leadership crisis within the party.
Hon. Omoaje had earlier approached the Osogbo division of the Federal High Court to challenge INEC’s continued recognition of Mr. Kenneth Udeze—a former member of the party—despite several court rulings affirming his suspension and expulsion.
INEC and its chairman allegedly continued to list Udeze as a party leader on the commission’s official website and portal, contrary to legal decisions by various courts, including the Federal High Court in Abeokuta, the Court of Appeal (Abuja and Ibadan divisions), and the Supreme Court.
Justice Funmilola Dem-Ajayi, who presided over the case in Osogbo, ruled last Monday that INEC and its chairman be served with Form 49 and any subsequent court processes by pasting them on the wall of INEC’s national headquarters in Abuja.
It will be recalled that:
- On September 8, 2022, the Federal High Court in Abeokuta, Ogun State (Suit No: FHC/AB/C5/120/2022), dismissed an application filed against AA, describing it as vexatious and awarded a cost of ₦1 million in favour of the party.
- The Court of Appeal, Abuja division, in a judgment delivered by Justice Alli Gumel (Case No: CA/ABJ/CV/879/2021), upheld the Federal High Court’s decision.
- The Ibadan division of the Court of Appeal also affirmed the lower court’s ruling, confirming that Udeze was no longer a member of the party.
- On May 14, 2024, the Supreme Court unanimously upheld the lower court judgments, with Justices Mohammed Lawal Garba, Emmanuel Akomaye Agim, Chioma Engondu Nwosu, Haruna Simeon Tsammani, and Jamilu Yammama Tukur delivering the final ruling.
The Action Alliance has reiterated its commitment to upholding the rule of law and ensuring that lawful judgments are respected by public institutions.
