Justice Obiora Egwuatu of the Federal High Court, Abuja, on Tuesday gave the National Rescue Mission (NRM) the go-ahead to serve a contempt charge on the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, by substituted means
The judge granted the application after counsel to the NRM, Oladimeji Ekengba, moved a motion ex-parte to the effect.
He 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 in Abuja.
Ekengba, while moving the motion, 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.
He said the reason for the emergency convention held on January 17 was to fill a vacancy and correct lopsidedness in the party’s National Executive Committee (NEC).
“The respondent is aware that the emergency convention, the subject matter of the judgment, was held on 17th January, 2025, even by its 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.”
“Despite being aware, the judgment debtor (INEC) refused to comply with the judgment of this Honourable Court till date,” the lawyer stated.
In the affidavit deposed to by Adebayo Wasiu, the NRM listed how INEC disregarded the court order.
After listening to the lawyer, Justice Egwuatu granted the application.
The judge, however, held that the applicant should, after effecting the service, depose to an affidavit to indicate the name of the INEC official that received the document.
He adjourned the matter till July 15 for mention.
