Osogbo, Nigeria – The Federal High Court sitting in Osogbo, Osun State, has reinstated Hon. Adekunle Rufai Omoaje as the National Chairman of the Action Alliance (AA) and directed the Independent National Electoral Commission (INEC) to immediately recognize him as the party’s rightful leader.
The ruling, delivered by Justice Funmilola Dem-Ajayi, also ordered INEC to reinstate all state chairmen of the party who were loyal to Omoaje but were unlawfully removed by the electoral body. The court declared their removal illegal and a violation of due process.
Court Declares INEC’s Actions Unlawful
Delivering judgment in the suit filed by the Action Alliance, the judge ruled that INEC acted beyond its legal authority by removing Omoaje and his loyalists from the party’s leadership structure. The court further directed INEC to immediately update its website to reflect the legitimate leadership of the party as elected at its convention in Abeokuta, Ogun State, which was duly supervised by INEC officials.
Justice Ajayi emphasized that INEC had failed to provide any legal justification for altering the party’s leadership list and replacing it with members from a faction led by Mr. Kenneth Udeze. The court reaffirmed that Udeze had been expelled from the party following rulings by both the Court of Appeal and the Supreme Court, making him ineligible for any leadership position within the AA.
“The removal of the names of the party’s duly elected officials without notice is a clear violation of their right to fair hearing,” the judge stated. The court also held that INEC’s actions were in contradiction of Section 182 of the Electoral Act and lacked sufficient legal backing.
Court Upholds Previous Rulings on Udeze’s Expulsion
The court maintained that Udeze, having been expelled from the party by a decision upheld by both the Court of Appeal and the Supreme Court, could not lawfully hold any position in the AA. Justice Ajayi described his inclusion on INEC’s official website as an “aberration” and ordered that his name be replaced with that of Omoaje without further delay.
The court awarded a cost of ₦100,000 against INEC for its failure to comply with due process in the matter.
Reactions to the Judgment
Reacting to the verdict, the legal counsel representing the Action Alliance, Mr. O.K. Etiibo and K.A. Salawu, commended the judiciary for upholding the rule of law.
“This judgment has reinforced the fact that the judiciary remains the last hope of the common man,” Mr. Salawu said. He urged INEC to comply with the court order without delay.
In his reaction, Omoaje described the judgment as a victory for democracy and the rule of law.
“This ruling strengthens my confidence in the judiciary. It is a triumph for all lovers of truth and democracy,” he stated. He called on INEC to respect the court’s decision by immediately recognizing his leadership and updating the party’s records on its website.
Background and Context
The leadership crisis in the Action Alliance has been ongoing for years, with two factions laying claim to the party’s national leadership. The dispute intensified when INEC removed Omoaje’s name and replaced it with that of Kenneth Udeze, despite prior court rulings affirming Omoaje’s leadership.
Udeze had been previously expelled from the party due to allegations of misconduct. His removal was upheld by both the Court of Appeal and the Supreme Court, yet INEC continued to recognize his faction. This latest ruling further cements Omoaje’s position as the party’s legitimate leader and adds to the legal precedents reaffirming his chairmanship.
With this court order, all eyes are now on INEC to see if it will comply with the judgment and update the party’s records accordingly.
