By Vivian Okejeme, Abuja
The Federal High Court, Abuj, has granted the National Rescue Movement (NRM), an ex-perte order to began contempt proceeding against the Chairman of the Independent National Electoral Commission (INEC), Prof Yakubu Mahmood, for disobeying the March 5, 2025, judgment order of Justice Obiorah Egwuatu.
NRM was before the court seeking an ex parte application for leave to serve contempt processes (Form 48), on Prof Mahmood, through substituted means.
In Tuesday proceeding, counsel NRM, Oladimeji Ekengba, told the court that justice and rule of law must be respected by any citizen no matter how highly placed.
Ekengba told the court that INEC and it’s Chairman, Prof Yakubu, violated an order of mandamus made by the court on March 5, which directed them to accept the outcome of an emergency national convention that produced the Chief Edozie Njoku-led Executives of the party.
Ekengba said the essence of the emergency convention which held on January 1, was to fill vacancy and correct lopsidedness in the National Executive Committee of the NRM to reflect federal character.
After hearing the ex parte motion, Justice Egwuatu, granted an order for NRM to serve on Prof. Yakubu Mahmood, a notice of consequences of disobedience of court order (Form 48) by substituted means.
Specifically, the court ordered that the Form 48, be served on the INEC Chairman by handing same to any staff of the Commission at its national headquarters Abuja.
The court 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.
In an affidavit in support of the motion, the NRM stated “That the Respondent is aware that the emergency convention, which is 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.
“Despite being aware, the Judgment Debtor (INEC) refused to comply with the judgment of this Honourable Court till date.
“In order not to reduce this Honourable Court to a toothless bulldog, and also to enhance the cause of justice, the Registrar of this Honourable 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 Honourable Court,” the NRM added.
The deponent, Mr. Adebayo Wasiu, stated that the Court will not be able to serve the Chairman of the Respondent/Judgement Debtor the Form 48 personally as the Respondent only receive processes at the gate at a designated registry at Plot 430, Zambezi Crescent Off Aguiyi Ironsi Street Maitama Abuja.
The affidavit added that the Judgment Debtor/Respondent’s Chairman placed numerous protocols and the bailiff of the Court will not be able to serve him the Form 48 issued by the Court
It also expressed that the “From the disposition of the Judgment Debtor/Respondent, it is practically impossible to serve its Chairman with the FORM 48 personally as required by law, hence this application.
The matter continues on July 15, for mention.
