By Vivian Okejeme Abuja
The Chairman of Independence National Electoral Commission (INEC), Prof Mahmoud Yakubu has been served with Form 49, by the National Rescue Movement (NRM).
Form 49 is a critical legal instrument in Nigeria’s jurisprudence, serving as a formal notice requiring an alleged contemnor to justify why they should not be
committed to prison for disobeying a court order.
The Form is served on a contemnor after they have been served with Form 48, which warns of the consequences of disobeying a court order.
Recall that there was a melodrama at INEC headquarters Abuja, a few days ago, when the
same court bailiff went to serve Form 48 on Mr. Mahmoud.
Most of the staff at INEC scampered for safety for fear of being accused of collaborating with NRM to send Mahmoud to jail. Such tag comes with subtle official victimization.
The avoidable drama attracted public condemnation and painted INEC, under Mahmoud, in a
horrible light, as an institution that has no regard for the judiciary.
A statement signed by the National Publicity Secretary of NRM, Anselem Chinedu Nebeife, expressed that the public is curious as to
why Mahmoud often has a problem with obeying court orders and judgments, when some people are involved; but would gladly not obey court judgments when some other people are involved.
“Clearly, Mahmoud’s double standards often puts the Commission at crossroads and sometimes makes the Commission’s official position on certain issues look partisan.
“And if the contemnor fails to comply within two days of being served the said Form 48, the applicant may request the court registrar to issue and serve Form 49.
“This document requires the
contemnor to show cause why an order for committal – imprisonment – should not be made against them for failing to obey the court order.
“There is a plethora of judicial position on this, example. the Supreme Court of Nigeria in the case of OMOIJAHE V. UMORU did not mince words when it held coram Mohammed, J.S.C.
thus: ‘It is justice itself that is flouted by contempt of court, not the individual court or
judge who is attempting to administer it.’
“Obviously, contempt proceedings are quasi criminal by their nature, since they can result in the loss of liberty imprisonment.
“In all of these, it is important to note that the judgement of the Federal High Court per Egwuatu on March 5, 2025 was unambiguous and clearly ordered the INEC to accept and recognize the
outcomes of the party’s January 17, 2025 Emergency National Convention.
“Worrisomely, this is not the first time Prof. Mahmoud Yakubu, the INEC Chairman would be served with Forms 48 & 49, because of his persistent defiance to court orders and judgments. In
most cases, those pressing for committal against Mahmoud are always right.
“The question is, why does Mahmoud act the way he does? If Mahmoud were to be an ordinary civil servant, can he afford the cost of the avoidable litigation which he always plunges the Commission into?
“Why waste tax payers money, when you can simply obey Court judgments and abide by the rule of Interestingly, in this instance, the NRM seems to have boxed Mahmoud into a corner, as the 90 days window for Appeal has elapsed.
“By the service of Form 49, Mahmoud has just a few days to comply with the judgment of the
court or he will be docked in the court, where he will have to explain to the court why he has refused to obey its judgment.
“If history is anything to go by, Mahmoud’s defiance to Court Orders and judgments may have earned him an indelible scar that can make him easily identifiable wherever he goes.
“The Party is resolute in its determination to prove to Nigerians that our primary duty as citizens is to hold public office holders accountable and ensure they operate within the frames of the law. They must not be allowed to play God.
“And for us in the NRM, our determination and resolve are a clarion call on Nigerians that the rule of law must prevail,” the statement reads.
