….Orders INEC to recognize him
The Federal High Court sitting in Osogbo, the Osun State capital on Monday reinstated Hon Adekunle Rufai Omoaje as the National chairman of the Action Alliance (AA) and ordered the Independent National Electoral Commission (INEC) to give him the proper recognition he deserves as the party’s national chairman.
Besides, the court ordered INEC to reinstate all the state chairmen of the party loyal to Omoaje who were unjustly removed by the electoral body, declaring that their removal was unlawful.
Delivering judgment in a suit filed by the Action Alliance led by Omoaje against the Independent National Electoral Commission, the trial judge, Justice Funmilola Dem-Ajayi ruled that the action of INEC at removing Omoaje and the state chairmen of the AA was unlawful and unexpected of an electoral body.
Justice Ajayi therefore directed INEC to include the name of Omoaje and all the state chairmen illegally removed from it’s website without further delay.
Also, the court reaffirmed the expulsion of Mr Kenneth Udeze from the Action Alliance, on the ground that the Court of Appeal and the Supreme Court had already upheld his suspension from the party.
Justice Ajayi said Udeze, by the Supreme Court judgment is not a member of the AA and therefore not entitled to any position in the party, saying his inclusion on the website of INEC was an aberation.
The court held that INEC had no justifiable reason to remove the names of party officials duly elected at the elective convention of the party held in Abeokuta, the Ogun State capital and supervised by recognized officials of INEC.
Justice Ajayi held that the defendant failed to substantiate its action with sufficient proofs, hence the need to reverse its action.
The court maintained that Udeze, having been expelled from the party can’t hold any position in the AA, hence the need for Omoaje to be recognized as the national chairman of the party.
She stated that both the Court of Appeal and the Supreme Court affirmed Udeze’s expulsion from the AA, adding that INEC failed to comply with authentic leadership of the party.
According to the court, INEC unlawfully changed the list of the executives of the party at state levels and put those in Udeze’s faction, saying the action of INEC was contrary to section 182 of the electoral act.
Also, the court avered that the removal of the names of the AA leaders without notice violates their rights to fair hearing.
The court after granting all the declarations sought by the plaintiff, awarded a cost of #100,000 against the defendant.
Reacting to the judgment, counsels to the AA, Mr O.K Etiibo and K.A Salawu hailed the judgment.
Speaking with our correspondent, Mr Salawu said the judgment has further shown that the judiciary is the last hope of the masses and urged INEC to respect the court judgment.
Also, Omoaje in his reaction said the judgment was victory for all lovers of truth and democracy, saying that the judgment has further deepened his confidence in the judiciary.
He urged INEC to obey the court judgment and replace Udeze’s name with his own name on the commission’s website and portal without further delay.
