By Nkechi Eze
The Federal High Court sitting in Abuja on Thursday struck out a suit instituted by the Action Alliance (AA) against the Independent National Electoral Commission (INEC) over the nomination and upload of its governorship candidate for the 2026 Ekiti State election.
The suit, marked FHC/ABJ/CS/2772/2025, was filed by the Action Alliance under the leadership of its National Chairman, Chief Barrister Kenneth Udeze, alongside its Ekiti State governorship candidate, Ayo Ogunlade, and his running mate, Aluta Opeyemi Enitan.
Presiding over the matter, Hon. Justice Emeka Nwite ruled that the court lacked jurisdiction to entertain the case, describing the issues raised as bordering on the internal affairs of a political party, which are non-justiciable. Consequently, the suit was struck out without any determination on its merits.
According to an official signed statement by Chief Barrister Kenneth Udeze, the suit had sought, among other reliefs, a declaration compelling INEC to grant the party’s recognised leadership access to upload the names of its duly nominated candidates. The plaintiffs argued that despite INEC’s monitoring and acknowledgment of the party’s primary election that produced Ogunlade and Enitan, the commission failed to provide the necessary access code in line with provisions of the Electoral Act 2022 and the 1999 Constitution, as amended.
The statement further explained that the case was instituted in December 2025 following what the party described as INEC’s failure to comply with Sections 29, 30, 31, 32, and 84 of the Electoral Act, as well as Sections 40 and 221 of the Constitution.
However, the court, in reaching its decision, considered submissions including an application filed by one Miller C. Ogwu, who claimed to be the National Secretary of the party. In the application, Ogwu asserted that the Action Alliance had no cause of action, noting that INEC had already released the access code to another faction led by Adekunle Rufai Omoaje, whom the commission recognised based on a Federal High Court judgment delivered in Osogbo on February 17, 2025.
Justice Nwite held that the crux of the dispute revolved around the leadership tussle within the party, thereby depriving the court of jurisdiction in line with established Supreme Court authorities on internal party matters.
Despite the ruling, Udeze maintained that the outcome does not affect the legitimacy of his leadership or that of the party’s National Secretary, James Vernimbe. He insisted that their positions had been affirmed by several judgments of the Court of Appeal, which, according to him, take precedence over the Osogbo Federal High Court decision relied upon by INEC.
He also cited a recent judgment of the Court of Appeal, Makurdi Division, delivered on April 22, 2026, in Appeal No. CA/MK/60/2026 between Dr. Manga S. Asha and Kenneth Udeze & Anor, which reportedly upheld his leadership and that of Vernimbe as duly elected officials at the party’s convention held on February 22, 2025, in Gwarimpa, Abuja.
The Action Alliance leadership further accused INEC of partisanship and selective compliance with court orders, alleging attempts to undermine the party’s structure through the recognition of rival leadership.
Reaffirming its resolve, the party stated that its National Executive Committee under Udeze would continue to pursue legal remedies and other legitimate avenues to address what it described as an attempt to hijack the party.
The statement also called on party members and supporters, particularly in Ekiti State, to remain calm and steadfast, assuring them that appropriate legal steps would be taken after a thorough review of the court’s ruling.
