Justice James Omotosho of a Federal High Court sitting in Abuja, may have finally settled the leadership crisis of the Action Alliance, (AA).
The Court on Monday, dismissed the suit brought against the Independent National Electoral Commission, (INEC), and three other chieftains of the party.
Suing on behalf of the party, Hon. Alfred Kuboro, Samuel Bamidele Obaro and Chief Chinedu Ukadike, who are plaintiffs in the matter dragged INEC, Bufuomo Alex, Ogunewe Lincoln Jack and Braimoh Olayinka Adenehon before the Court.
The Court dismissed the matter after it was withdrawn by their Counsel, Oba Maduabuchi SAN.
Recall that there has been leadership tussle between a fraction of the AA led by Adekunle Omoaje and Chief Barr Kenneth Udeze.
The implication of the dismissal of the case is that Barrister Udeze is the authentic Chairman of the Action Alliance party
A High Court of justice of the FCT had also declared Udeze as the authentic Chairman of the party.
In the defendants (Chief Barr Kenneth Udeze) counter affidavit opposing the plaintiffs’ (Omoaje) originating motion, deposed to by one Manga Samuel Asha, Deputy National Vice Chairman North Central of the Chief Udeze-led National Executive Committee (NEC), the defendants told the Court that, contrary to paragraphs 1, 2, 3, 4 and 5 of the affidavit in support of the Originating Motion, Chief (Barr) Kenneth O. Udeze was the only duly elected, subsisting and recognized National Chairman of the Action Alliance hence they were members of the NEC of Action Alliance.
A copy of the list of members of the National Executive Committee (NEC) of Action Alliance wherein the defendants said a High Court of the Federal Capital Teitory, Abuja, presided over by Hon. Justice Eleojo Enenche, in Suit No.FCT/HC/174/2022, had earlier ordered the 1st Defendant (INEC) to forthwith accept, recognize or accord effect to the election of Chief (Barr.) Kenneth O. Udeze as the National Chairman of Action Alliance having been validly and lawfully elected as the National Chairman of the Party at the National Convention of the Party held on 14th March, 2021.
They said the Court also restrained the 1st Defendant (INEC) from dealing with any other person claiming or purporting to be the National Chairman of Action Alliance (AA), or accepting any letter, documents, nomination form or any other act relating to the capacity of the National Chairman of the Party from person(s) other than Chief Barr Kenneth Udeze. A copy of the Certificate of the Judgment delivered on 28th day of March, 2022 is hereby attached and marked as EXHIBIT B.
They said in the counter affidavit that Adekunle Rufai Omoaje, who deposed to the affidavit in support the Originating Motion on behalf of Action Alliance purportedly joined as the 1st Plaintiff is a leader of an Osogbo based faction of Action Alliance who, out of desperation, claims to be the National Chairman of Action Alliance while he purportedly made his son, one Rufai Esq. (a lawyer of less than 4 years post call) as the Legal Adviser of Action Alliance contrary to the Constitution of the Party that prescribes a minimum of 10 years post call.
Parts of the counter affidavit read: “That, owing to his anti-party activities and gross misconduct, Adekunle Rufai Omoaje, among two other members, was expelled by the Party at its National Convention held on 14th March, 2021 pursuant to a motion moved by one Hon. Adara Olusegun from Ondo State and he never challenged the expulsion either within the internal mechanism of the party or in the law court.
“Certified True Copies of the Resolution of Action Alliance duly monitored by INEC whereby Adekunle Rufai Omoaje was expelled and the motion to that effect are hereby attached and marked as EXHIBITS C1 and C2. 2
“That, owing to his expulsion, Adekunle Rufai Omoaje, lacks the capacity. to depose to the affidavit for Action Alliance, neither did Action Alliance, as a corporate political entity, consent to his filing this suit on behalf of Action Alliance.
“That Action Alliance did not instruct A. O. Maduabuchi SAN to institute this suit on behalf of Action Alliance rather the authentic Counsel duly instructed by Action Alliance is M. C. Nwaekpe & Associates led by Malachy Nwaekpe Esq. A copy of Action Alliance Letter of Instruction issued to our Counsel dated 23rd day of June, 2023 is hereby attached and marked as EXHIBIT D.
“That the 2nd, 3rd and 4th Plaintiffs are not members of Action Alliance, hence, they are unknown to the Party.
“That, contrary to paragraphs 6 and 7 of the supporting affidavit, I state that there were no other valid Primaries for Action Alliance than the one organized by the Chief (Barr.) Kenneth Udeze led National Executive Officers of the Party.”
Chief Barr Kenneth Udeze has therefore, congratulated all the party members Nationwide and overseas for their resilience and confidence reposed on his leadership and promised to stand against external forces trying to frustrate the progress the party has made thus far since 2019.
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