From:Femi Oyelola Kaduna
The Action Alliance (AA) on Monday served the Independent National Electoral Commission (INEC) and its National Chairman, Prof. Mahmood Yakubu, in Contempt of order, otherwise known as Order 49, through substituted means.
This was contained in a Statement by the National Chairman of the Party, Hon Adekunle Rufai Omoaje, and made available to the media in Kaduna yesterday
The statement stated that the action of the party followed the order of the Federal High Court sitting in Osogbo, the Osun State capital, which directed the party to serve both INEC and its national chairman, Prof Yakubu, with a contempt order through substituted means over their failure to obey court judgments.
The National Chairman of the party, Hon Adekunle Rufai Omoaje, had approached the Osogbo division of the Federal High Court following the decision of INEC and its national chairman to give recognition to one Mr Kenneth Udeze, a former member of the party.
Both INEC and Yakubu were said to have continued to give undue recognition to Udeze, having put his name on the commission’s website and its portal despite court judgments that affirmed the suspension and subsequent expulsion of Udeze from the Action Alliance.
The action of both INEC and its chairman was said to be in contradiction to the judgements of the Federal High Court sitting in Abeokuta, the Ogun State capital, the Court of Appeal, Abuja and Ibadan divisions, and the Supreme Court.
Justice Funmilola Dem-Ajayi who presided over the Osogbo division of the Federal High Court had last Monday ruled that “an order for substituted service of form 49 (contempt form) issued by the Registrar of this Honourable Court (including other court processes that may be served in future) by pasting the said court processes on the wall of of the INEC National headquarters.”
Recall that the Federal High Court sitting in Abeokuta, the Ogun State capital, had on 8th of September, 2022, in suit number FHC/AB/C5/120/2022, dismissed an application against the party, describing it as vexatious and awarded a cost of #1 million in its favour.
Also, the Court of Appeal, Abuja division, in a judgment delivered by Justice Alli Gumel, marked CA/ABJ/CV/879/2021, dismissed the appeal filed against the Federal High Court judgment.
