CONTEMPT ALLEGATION: COURT ISSUES FORM 48 TO INEC CHAIRMAN YAKUBU
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By Jen Nomamiukor
The Federal High Court in Abuja has issued a copy of the contempt proceedings that were initiated against the Chairman of the Independent National Electoral Commission, INEC, Prof. Yakubu Mahmood, by the National Rescue Mission, NRM.
A court bailiff, Ayuba Sule, executed the Form 48 at the National Headquarters of the electoral commission in Abuja, pursuant to a decree issued by Justice Obiora Egwuatu on June 17.
The delivery of Form 48, which serves as a notification regarding the repercussions of noncompliance with a legitimate court directive, constitutes the initial phase in a contempt and committal procedure.
The court mandated that the documents be served on the INEC Chairman via alternative methods.
It granted approval for the procedures to be transferred to any personnel of the Commission by the bailiff.
Concurrently, the NRM, in a declaration endorsed by its National Publicity Secretary, Mr. Anselem Chinedu Nebeife, revealed that although representatives at the INEC headquarters refused to acknowledge the service, the bailiff submitted it at the legal department of the commission.
“Mr Ayuba first got to the INEC Chairman’s office, but his staff requested him to identify himself. Ayuba obliged them with his official identity card, and after reading the content of the document he handed over to them, they quickly gave it back to him and told him to visit the legal department.
“On getting to the legal department, another drama ensued involving Ayuba and another INEC staff.
“Upon handing over the document to the staff, the said staff stealthily scanned through and speedily returned it. It granted approval for the procedures to be transferred to any personnel of the Commission by the bailiff.
Concurrently, the NRM, in a declaration endorsed by its National Publicity Secretary, Mr. Anselem Chinedu Nebeife, revealed that although representatives at the INEC headquarters refused to acknowledge the service, the bailiff submitted it at the legal department of the commission.
Justice Egwuatu gave the order for substituted service of the documents on the INEC Chairman after he heard an ex parte motion that was brought before the court by the NRM.
Moving the motion, counsel to the NRM, Mr Oladimeji Ekengba, alleged that INEC and its Chairman spurned an order of mandamus the court made on March 5, which directed them to accept the outcome of an emergency convention that produced the Chief Edozie Njoku-led executives of the party.
Ekengba said the essence of the emergency convention which was held on January 17 was to fill vacancies and correct lopsidedness in the National Executive Committee (NEC) of the NRM.
“That the Respondent is aware that the emergency convention, the subject matter of the judgement, was held on 17th January, 2025, even by its own processes before this Honorable Court.
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“Notwithstanding the presence of the Judgment Debtor/Respondent’s Counsel, identified as M. A. Bawa, in Court at the time the Judgment was delivered, the Judgment Creditor made the effort to serve the Judgment Debtor/Respondent with a copy of the Enrolled Order of the Judgment.
“Despite being informed, the Judgment Debtor (INEC) has thus far declined to adhere to the ruling of this Honorable Court. ”
“In order not to reduce this Honorable Court to a toothless bulldog and also to enhance the cause of justice, the Registrar of this Honorable Court, on the application of the Judgement 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 judgement of this Honorable Court,” the NRM added in an affidavit it filed in support of the motion.
It said the application for the processes to be served on Prof. Mahmood through substituted means was owing to the fact that it would be impossible to hand the processes to him personally.
“That I know that the Bailiff of this Court will not be able to serve the Chairman of the Respondent/Judgement Debtor the Form 48 personally, as the Respondent only receives processes at the gate at a designated registry at Plot 430, Zambezi Crescent Off Aguiyi Ironsi Street, Maitama, Abuja.
“That the Judgement Debtor/Respondent’s Chairman established multiple protocols, and the bailiff of this Court will be unable to deliver the Form 48 issued by this Honourable Court to him.
“From the conduct of the Judgement Debtor/Respondent, it is nearly impossible to serve its Chairman with the FORM 48 personally as mandated by law, thus this application,” the affidavit, which was sworn by one Mr. Adebayo Wasiu, further stated.
The court thereafter postponed the case until July 15 for mention. “
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