COURT ORDERS INEC CHAIR TO APPEAR OVER CONTEMPT CHARGE

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By Aishat Momoh. O.

The Federal High Court has ordered the Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan (SAN), to appear before it on March 10 to respond to a contempt charge filed by the National Rescue Mission (NRM).

Justice Obiora Egwuatu fixed the date on Wednesday after INEC’s counsel, M.S. Bawa, sought an adjournment to enable him secure the chairman’s presence in court. Bawa informed the court that Amupitan was unable to attend due to an emergency and disclosed that a counter-affidavit had been filed challenging the competence of the contempt proceedings and urging the court to dismiss the charge.

However, counsel to the NRM, Oladimeji Ekengba, insisted that the INEC chairman was required to be physically present, arguing that contempt proceedings demand the alleged contemnor be in the dock during hearing.

“My Lord, this is a contempt charge that requires the defendant to be present in the dock while the proceedings are ongoing. We wonder why he is not here today,” Ekengba submitted.

Before adjourning the matter, Justice Egwuatu directed that a fresh hearing notice be served on the INEC chairman. The court had earlier granted an order for substituted service of the contempt processes, specifically directing that Form 48 — a notice warning of the consequences of disobeying a court order, be served on him by delivering it to any staff member at INEC’s national headquarters.

The order followed an ex parte motion filed by the NRM, which alleged that INEC and its chairman disobeyed a mandamus order issued on March 5, 2025. The order directed the commission to accept the outcome of the party’s January 17, 2025 emergency convention that produced a leadership led by Chief Edozie Njoku.

In an affidavit supporting the motion, the NRM maintained that INEC was fully aware of both the convention and the court’s judgment, noting that the commission’s counsel was present when the ruling was delivered. The party alleged that despite being served with the enrolled order, INEC had failed to comply.

National officers of the NRM, led by Chief Edozie Njoku, were present in court during the proceedings. Speaking to journalists afterward, Njoku expressed confidence that the INEC chairman would obey the subsisting judgment by recognising the party’s leadership as affirmed by the court.

The matter was adjourned to March 10 for the INEC chairman’s appearance and further proceedings on the contempt charge.