By Nkechi Eze
The leadership of the Action Alliance (AA) has formally notified the Independent National Electoral Commission (INEC) of a series of judicial pronouncements affirming Chief Barr. Kenneth Udeze as the legitimate National Chairman of the party. The party, in a strongly worded communication signed by its National Chairman, Chief Barr. Udeze, and National Secretary, Verinmbe James, cautioned the Commission against recognising any Federal High Court judgment that contradicts settled decisions of the Court of Appeal on the party’s leadership structure.
The letter, referencing several court rulings, reiterated that the Court of Appeal had conclusively resolved the leadership tussle in the Action Alliance in favour of the Udeze-led National Executive Committee (NEC). The party expressed concern over alleged attempts by certain individuals to mislead the Commission into acting on a later Federal High Court judgment, despite the hierarchy of the courts and existing appellate rulings.
Central to the party’s position is the judgment delivered in Suit Number FHC/ABJ/CS/312/2024 between Hon. Fedrick Igwiwiyisi and Osaro Uwaifo & 2 Others, where the court affirmed Chief Udeze’s leadership and his authority to conduct the party’s primaries for the 2024 Edo State Governorship Election. The Federal High Court, in that ruling delivered on July 19, 2024, made it clear that Chief Udeze remained the recognised National Chairman of the Action Alliance.
This judgment was further upheld by the Court of Appeal in Appeal No: CA/ABJ/CV/869/2024, delivered on September 6, 2024. The appellate court, after reviewing the matter, affirmed the decision of the trial court, confirming that Chief Udeze had both the legal standing and constitutional backing to lead the party’s NEC and conduct its electoral processes. The court described arguments against his status as misconceived and without merit.
Additionally, in another appellate case, Appeal No: CA/ABJ/CV/1163/2024 between Action Alliance & 3 Others vs INEC & 3 Others, the Court of Appeal in its judgment delivered on November 13, 2024, declined recognition of a purported National Convention held on October 7, 2023, by a faction led by Adekunle Rufai Omoaje. The court ruled that the internal affairs of the party had already been resolved and rejected the faction’s claim to leadership and any decisions emanating from that convention.
The party noted that, despite these clear rulings, the same group whose leadership claims were dismissed by the appellate court had allegedly returned to a Federal High Court in Osogbo to obtain a conflicting judgment. The Action Alliance stated that it has already filed motions to set aside that judgment and for a stay of execution, pointing out that it is legally untenable for a lower court to overrule or set aside decisions already affirmed by a higher court.
In its letter to INEC, the party warned against recognising any decisions stemming from the contested October 7, 2023 convention or any Federal High Court judgment that runs contrary to the appellate rulings. It stressed that doing so would not only be unlawful but would amount to an affront to judicial hierarchy and due process.
The party further reminded the Commission that its most recent National Convention, held on February 22, 2025, reaffirmed Chief Barr. Kenneth Udeze’s leadership for a fixed term. This convention, the party emphasized, was duly monitored by INEC, and the Certified True Copy of the monitoring report is in the public domain.
Reaffirming its commitment to democratic values and rule of law, the Action Alliance urged INEC to continue to act in accordance with the law and respect the supremacy of appellate court decisions in the ongoing matter.
