The Federal High Court sitting in Osogbo, the Osun State capital, has granted the Action Alliance (AA) an order for substituted service of contempt form (Form 49) on the Independent National Electoral Commission (INEC) and its national chairman, Prof Mahmood Yakubu.
This was contained in a statement signed by the National Chairman of the Party, Hon Adekunle Rufai Omoaje, and made available to the media in Kaduna today
The statement stated that Action Alliance and some members of the party had, through a motion exparte dated 14th April, 2025, sought an order for substituted service of Form 49 on INEC and its national chairman.
Justice Funmilola Dem-Ajayi, who presided over the court, held that the form be pasted on the wall of the national headquarters of INEC located at plot 436, Zambezie Crescent, Maitama, Abuja.
“An order for substituted service of form 49 (contempt form) issued by the Registrar of this Honourable Court (including other court processes that may be served in future) by pasting the said court processes on the wall of the INEC National headquarters,” she ordered.
The statement further stated that AA had sought an order of the court seeking substituted service of the contempt form on INEC and its chairman, having failed in its efforts to serve the two parties.
The party had approached the court following the nonrecognition of Hon Adekunle Rufai Omoaje as its national chairman by INEC, challenging the alleged recognition given to Mr Kenneth Udeze.
Various courts have held that Kenneth Udeze is not a member of the party, having been expelled from the party.
Recall that the Federal High Court sitting in Abeokuta, the Ogun State capital, had on 8th of September, 2022, in suit number FHC/AB/C5/120/2022, dismissed an application against the party, describing it as vexatious and awarded a cost of #1 million in its favour.
Also, the Court of Appeal, Abuja division in a judgment delivered by Justice Alli Gumel marked CA/ABJ/CV/879/2021 dismissed the appeal filed against the Federal High Court judgment.
The Ibadan division of the Court of Appeal also affirmed the judgment of the lower court, which declared Udeze as a non-member of the AA.
In a similar vein, the Supreme Court on 14th May, 2024, in a unanimous judgment by Justices Mohammed Lawal Garba, Emmanuel Akomaye Agiri, Chioma Engondu Nwosu, Haruna Simeon Tssamani, and Jamilu Yammama Tukur affirmed the court of Appeal’s judgment.
