The Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, is now faced with a contempt proceeding as the Federal High Court, Abuja has served him with Form 48, a legal notice warning him of the consequences of disobeying a valid court order.
The legal action arises from INEC’s alleged failure to obey a mandamus order issued by the court on the 5th of March. The order directs the Commission to recognize the outcome of an emergency convention held by the National Rescue Mission (NRM), which produced Chief Edozie Njoku as National Chairman of the party.
The court, presided over by Justice Obiora Egwuatu, grants permission for substituted service following INEC’s reported unwillingness to receive the documents directly. A court bailiff, Mr Ayuba Sule, delivers the notice on Thursday at the INEC headquarters in Abuja.
According to a statement by NRM’s Publicity Secretary, Mr Anselem Nebeife, officials at the commission allegedly refuse to accept the documents.
NRM’s lawyer, Mr Oladimeji Ekengba, accuses INEC and its chairman of deliberately disregarding the court’s judgment. An affidavit by Mr Adebayo Wasiu reveals that INEC processes legal documents only at a designated registry near its gate, making direct service difficult.
“To prevent this honourable court from being rendered impotent and to uphold the cause of justice,” the affidavit states, “Form 48 directs the chairman to show cause why he should not be committed to prison.”
The court has fixed July 15 for mention, when INEC and Professor Yakubu are expected to respond to the allegations of contempt.
