A Federal High Court in Abuja, on Thursday, rejected an application to set aside its November 4 judgment recognizing the candidates produced by the Adekunle Rufai Omo-Aje-led leadership of the Action Alliance party.
Justice Zainab Abubakar, in a ruling, held that the application filed by Kenneth Obidiche Udeze-led factional leadership lacked merit.
Justice Abubakar had in the November 4 judgement ordered the Independent National Electoral Commission to accept the candidates submitted for 2023 general elections by the Omo-Aje leadership of the AA.
The judge also directed the electoral umpire to reject those candidates produced by the factional leader, Udeze, among whom is retired Major Hamzat Al-Mustpha.
But Udeze, whose suspension and expulsion as the AA national chairman had been upheld in two judgments of the Court of Appeal, had applied to the FHC, Abuja to set aside the November 4 judgment, claiming it was obtained by fraud and that he was still the party’s national chairman.
Delivering the ruling on Thursday, Justice Abubakar said that, with the two subsisting judgments of the Court of Appeal and another decision by a FHC in Abeokuta, Udeze cannot lawfully lay claim to being the chairman of the party.
The two judgments of the Court of Appeal were delivered on January 7 and November 11 while the ruling by the Abeokuta FHC was delivered on September 8 by Justice J. O. Abdulmalik in a suit marked: FHC/AB/CS/120/2022.
The judge held that her earlier judgment delivered on November 4 was not obtained by fraud as claimed by Udeze.
She described Udeze as a busy body and meddlesome interloper, trying to interfere in the affairs of the party from which he was suspended and later expelled.
Abubakar consequently dismissed the suit.
Al-Mustapha, the former aide to late General Sani Abacha, won the presidential primary election of the party conducted by the Udeze faction with a total of 506 votes, defeating Samson Odupitan, his only opponent, on June 9 in Abuja.
