INEC chairman faces contempt charge for ‘disobeying’ court order

A federal high court in Abuja has served Mahmood Yakubu, chairman of the Independent National Electoral Commission (INEC), with a contempt charge by the National Rescue Mission (NRM) over alleged disobedience of a court order.

Obiora Egwuatu, the presiding judge, had on June 17 directed that Form 48, a notice of the consequences of disobeying a court order, be served on Yakubu through substituted means, allowing the court bailiff to deliver it to any INEC staff member if direct service was unsuccessful.

A statement issued on Friday by Anselem Nebeife, NRM’s national publicity secretary, claimed that when the court bailiff, Ayuba Sule, visited INEC headquarters to serve the documents, no staff member was willing to accept them.

“Mr Ayuba first visited the INEC chairman’s office, but his staff requested identification,” the statement reads.

“Ayuba presented his official ID card, but after reading the document, the staff returned it to him and directed him to the legal department.

“At the legal department, another staff member glanced at the document and quickly returned it.”

According to the party, the bailiff, frustrated by the staff’s refusal, left the court order and Form 48 at the entrance of INEC’s legal department and exited the premises.

The court had granted the application for substituted service after hearing an ex parte motion filed by Oladimeji Ekengba, counsel to the NRM.

Ekengba said INEC and its chairman had failed to comply with a mandamus order issued on March 5, which directed the commission to recognise the outcome of an emergency convention held by the party.

The convention, held on January 17, elected Edozie Njoku as the party’s national chairman and was convened to fill leadership vacancies and address internal structural imbalances.

The NRM accused INEC of ignoring the court ruling despite being fully aware of its content and legal implications.

“To prevent this honourable court from being rendered impotent and to uphold the cause of justice, the registrar issued Form 48 to the chairman of the respondent, directing him to show cause why he should not be committed to prison for failing to comply with the court’s judgement,” an affidavit sworn to by Adebayo Wasiu stated.

The application for substituted service followed difficulties in personally serving Yakubu, as INEC reportedly processes legal documents only at a designated registry located at the commission’s gate, rendering direct service impossible.

The matter has been adjourned to July 15 for mention.