The National leadership of the Action Alliance (AA) has faulted the judgment of a Federal High Court, Osogbo, Osun State, purportedly affirming the Adekunle Rufiai Omoaje-led executive as authentic leaders of the party.
While noting that the judgment was fraudulently procured by Omoaje, the party explained that the issue of the authentic leadership of the party has long been settled by judgments of both the trial and the Court of Appeal in favour of Chief Kenneth Udeze led National leadership of the party.
The party in a statement by its National Secretary, Vernimbe James explained that the Omoaje, his agents and privies had after loosing various suits at both the FCT High Court, Abuja Judicial Division of the Federal High Court and Abuja Judicial Division of the Court of Appeal all in favour of Chief Kenneth Udeze led National Leadership of the party, clandestinely ran to Osogbo to obtain the fraudulent judgment.
It said all six judgments both at the trial and appellate courts had conclusively settled the issue that has to do with the authentic National Chairman and leadership of Action Alliance in favour of Chief Kenneth Udeze led National Leadership of the party; and all the cases and appeals were determined in Abuja.
The party accused Omoaje-led faction of “suppressing material facts of subsisting judgement of the FCT High Court, Abuja Judicial Division of the Federal High Court and Abuja Judicial Division of the Court of Appeal from the Federal High Court Osogbo to fraudulently obtained judgment against the subsisting judgment of the Superior Courts and Court of Coordinate jurisdiction on same Subject matter of AA leadership tussle already settled by the Courts.
Most importantly, the statement noted that “the same Adekunle Rufai Omoaje, his agents and privies that ran to Federal High Court Osogbo and fraudulently obtained the judgement in their favour has a pending Appeal at the Supreme court Challenging one of the Court of Appeal judgement that recognises Chief Barr Kenneth Udeze Leadership of the party in Appeal Number: SC/CV/162/2024, Between Adekunle Rufai Omoaje & ORS Vs Chief Uzewuru Nwachukwu, Kenneth Udeze, Action Alliance (AA) and INEC.
“That instead of Adekunle Rufai Omoaje, his agents and previes to wait for the final determination of their appeal pending at the Supreme court in one way or the other, Adekunle Rufai Omoaje ran to Federal High Court Osogbo for forum Shopping and Secretly filed fresh Suit against only INEC fraudulently using Action Alliance Name as the 1st plaintiff without the Consent and authority of the party National Leadership and without joining Chief Kenneth Udeze led NEC of the party and obtained this fraudulent Judgement from Federal High Court Osogbo against subsisting judgments of the Court of Appeal in favour of Chief Kenneth Udeze led NEC of the party.
“It is important to also state that the same Adekunle Rufai Omoaje, his agents and privies that secretly ran to Federal High Court Osogbo, and fraudulently obtained the Judgement in their favour, after losing all their cases in Abuja Division of the Federal High Court, has a pending Appeal at the Supreme Court in Appeal No: SC/CV/162/2024, Between Adekunle Rufai Omoaje & ORS Vs Chief Uzewuru Nwachukwu, Kenneth Udeze, Action Alliance (AA) and INEC, where he is currently challenging the Judgment of the Court of Appeal recognising Chief Udeze as the lawful national chairman”.
The statement further reads , “the secret cases filed by Omoaje and his cohorts bothered on the issues already conclusively settled by the various judgments of the FCT High Court, the Federal High Court Abuja division, and the Court of Appeal, Abuja division. In all of the suits, Omoaje and his agents fraudulently misled the court and did not disclose to the court all the valid and subsisting judgments of the court against them.
It added that “neither Chief Udeze nor any member of the lawful executive of the Action Alliance was a party to the secret suits filed by Omoaje in Osogbo. Evidently, after losing all his cases in Abuja, where the headquarters of the party is located, he decided to run to Osogbo Court, where the Court does not know about the history of the party leadership cases and where they could secretly sue themselves and procure judgments in their favour.
“That the Judgment fraudulently obtained by one Adekunle Rufai Omoaje, his agents and privies from Federal High Court Osogbo is not an appeal against or over the subsisting Judgements of the FCT High Court, Abuja Judicial Division of the Federal High Court and Abuja Judicial Division of the Court of Appeal recognizing Chief Kenneth Udeze led NEC of AA.
“The Osogbo Judgment procured by Omoaje have not and cannot set aside the various valid and subsisting Judgments of the FCT High Court, Federal High Court Abuja Division and the Court of Appeal which have affirmed Chief Udeze and the national leadership of the party. It is an exercise in futility.
“That the suit at Osogbo was fraudulently filed by Omoaje and his group against INEC using the name of the party without the consent and authority of it’s national leadership and without joining Chief Kenneth Udeze led NEC of the party.
“Fortunately, the Independent National Electoral Commission (INEC) is fully aware of and party to all the valid judgments of the Court affirming Chief Udeze as the national chairman of the party. In furtherance of which we hereby demand INEC not to accord any recognition to Adekunle Rufai Omoaje or give any credence to Omoaje’s mischievous attempt to undermine the Nigerian judiciary”.
The party consequently called on INEC to as a matter of urgent public importance inform Adekunle Rufai Omoaje, his agents and privies to wait for their appeal at the Supreme Court and desist this forum Shopping of favourable judgment from one Judicial Division of the Federal High Court to another and stop ridiculing the Nigerian judiciary.
The party further called on the Chief Judge (CJ) of the Federal High Court, to as a matter of urgency, direct for the transfer of all Action Alliance related matters pending at various Judicial Division of the Federal High Court Secretly filed by Adekunle Rufai Omoaje, his agents and privies to Abuja Judicial Division of the Federal High Court where other Action Alliance related matters filed by Adekunle Rufai Omoaje are pending to avoid conflicting Judgment by the same Court.
