The Federal High Court in Abuja has granted an application filed by the National Rescue Mission (NRM) to serve a contempt charge on the Chairman of the Independent National Electoral
By Taiye Agbaje
The Federal High Court in Abuja has granted an application filed by the National Rescue Mission (NRM) to serve a contempt charge on the Chairman of the Independent National Electoral Commission (INEC), Prof. Yakubu Mahmood by substituted means
Justice Obiora Egwuatu granted the request on Tuesday, after counsel to the NRM, Oladimeji Ekengba, moved a motion ex-parte to the effect.
Justice Egwuatu, while delivering the ruling, directed that the Form 48, which is a notice of the consequence of disobedience of a court order, be served on the Mahmood by handling same to any staff of the commission at its national headquarters.
Earlier while moving the motion, Ekengba alleged that INEC and its chairman flouted an order of mandamus the court made on March 5, which directed them to accept the outcome of an emergency convention that produced Chief Edozie Njoku-led executives of the party.
Ekengba said the essence of the emergency convention which held on Jan. 17, was to fill vacancy and correct lopsidedness in the National Executive Committee (NEC) of the party.
“The respondent is aware that the emergency convention, the subject matter of the judgment, was held on 17th January, 2025, even by its own processes before this Honourable Court.
“Notwithstanding that the Judgment debtor/respondent’s counsel by name, M.A. Bawa, was in court when the judgment was delivered, the judgment creditor took the pain to still serve the judgment debtor/respondent with a copy of the enrolled order of the judgment.
“Inspite of being aware, the judgment debtor (INEC) refused to comply with the judgment of this Honourable Court till date.
In the affidavit deposed to by Adebayo Wasiu, the NRM chronicled how INEC had disregarded the court order.
“In order not to reduce this Honourable Court to a toothless bulldog, and also to enhance the cause of justice, the registrar of the court on the application of the judgment creditor, issued FORM 48 to be served on the chairman of the respondent in order for him to show cause why he should not be committed to prison for failing to comply with the judgment of this court.”
It said the application for the processes to be served on Prof. Mahmood through substituted means was owing to the fact that it would be impossible to hand the processes to him personally.
After listening to the lawyer, Justice Egwuatu granted the application as prayed.
The judge, however, held that the applicant should after effecting the service, depose to an affidavit to indicate the name of the INEC official the processes were handed to.
He adjourned the matter until July 15 for mention.(NAN)(www.nannews.ng)