By Nkechi Eze
The Akure Division of the Court of Appeal is set to hear a notice filed by the leadership of the Action Alliance (AA) under the National Chairman, Chief Barrister Kenneth Udeze, seeking the withdrawal of its application for leave to appeal against a judgment delivered by the Federal High Court in Osogbo.
The application relates to Motion No: CA/AK/268M/2025 and Motion No: CA/AK/309M/2025, which the party’s leadership has decided to withdraw on the grounds that pursuing the appeal has become otiose and would serve no practical purpose.
In a statement issued by the National Secretary of the party, Vernimbe A. James, the AA leadership explained that the decision was informed by several subsisting judgments of the Court of Appeal affirming Chief Barrister Kenneth Udeze as the authentic National Chairman of the party.
According to the statement, the Federal High Court sitting in Osogbo had earlier delivered judgment in Suit No: FHC/OS/CS/34/2025 on September 29, 2025. However, the party maintained that the decision came in the midst of multiple appellate court rulings which had already affirmed Udeze’s leadership of the Action Alliance.
James stated that the weight of the Court of Appeal decisions recognising Udeze as the legitimate chairman of the party remains overwhelming and legally superior to the ruling of a lower court.
He noted that the legal position is further underscored by the existence of a pending appeal before the Supreme Court of Nigeria involving Adekunle Rufai Omoaje and others. The case, filed as Appeal No: SC/CV/162/2024 between Adekunle Rufai Omoaje and others versus Chief Uzewuru Nwachukwu and others, challenges a judgment delivered by the Court of Appeal, Abuja Division, on January 26, 2024.
The statement emphasised that the appellate court judgment, along with other related decisions of the Court of Appeal, recognises Chief Barrister Kenneth Udeze as the authentic and lawful National Chairman of the Action Alliance.
James further explained that under Nigeria’s judicial structure, the hierarchy of courts places the Court of Appeal above the Federal High Court. As such, he argued that the judgment of the Federal High Court in Osogbo cannot overturn valid and subsisting judgments already delivered by the Court of Appeal.
He added that the appellate court rulings delivered on January 26, 2024, and other related decisions affirming Udeze’s leadership remain binding on all authorities and persons in Nigeria until set aside by the Supreme Court.
The Action Alliance leadership therefore maintained that, in view of the existing appellate decisions and the pending Supreme Court appeal, proceeding with the motion for leave to appeal against the Osogbo Federal High Court judgment would be unnecessary.
