Abuja: The Federal High Court in Abuja has given the National Rescue Mission (NRM) the authorization to serve a contempt charge on the Chairman of the Independent National Electoral Commission (INEC), Prof. Yakubu Mahmood, using substituted means. Justice Obiora Egwuatu approved the request after NRM’s counsel, Oladimeji Ekengba, presented a motion ex-parte.
According to News Agency of Nigeria, Justice Egwuatu directed that Form 48, a notice of the consequence of disobedience of a court order, be served to Mahmood by handing it to any staff member at the commission’s national headquarters. The court’s decision came after Ekengba alleged that INEC and its chairman had disobeyed a court order issued on March 5. This order directed them to recognize the outcome of an emergency convention that appointed Chief Edozie Njoku as the leader of the party’s executives.
Ekengba argued that the emergency convention on January 17 was crucial for addressing vacancies and imbalances within the party’s National Executive Committee (NEC). The respondent was aware of the convention and the court’s judgment, as even the respondent’s counsel, M.A. Bawa, was present in court when the judgment was delivered. Despite this, INEC allegedly failed to comply with the court’s ruling.
In an affidavit by Adebayo Wasiu, the NRM outlined how INEC had ignored the court’s mandate. The affidavit emphasized the importance of upholding the court’s authority and ensuring justice. Consequently, the court’s registrar issued Form 48, compelling the chairman to explain why he should not face imprisonment for non-compliance.
The application for substituted service was necessary as it was deemed impractical to serve the processes directly to Prof. Mahmood. After reviewing the lawyer’s arguments, Justice Egwuatu granted the application. He also instructed the applicant to file an affidavit stating the name of the INEC staff member who received the documents. The case is adjourned for mention on July 15.
