Justice Obiora Egwatu of the Federal High Court in Abuja has ordered the chairman of the Independent National Electoral Commission (INEC), Mahmood Yakubu, to appear in person on October 8, to explain why he should not be committed to prison for allegedly disobeying a court judgement delivered on March 5.
The directive was issued on Friday during a committal proceeding filed by the National Rescue Movement (NRM) against the INEC boss.
The party is accusing Mr Yakubu of willfully disobeying a valid judgement of the court regarding the party’s internal affairs.
Justice Egwatu emphasised that the contempt charge is a criminal matter and as such, the alleged contemnor must be physically present in court.
He expressed disappointment that Yakubu had not appeared to purge himself of the allegation.
“I find it curious that the INEC Chairman finds it difficult to obey a straightforward court order,” the judge said, cautioning the INEC legal team led by Alhassan Umar.
He noted that INEC’s interference in party matters threatens its neutrality and the public’s trust in the electoral body.
The controversy stems from a January 16 order granted in favour of the NRM, compelling INEC to monitor the party’s Emergency National Convention scheduled for January 17.
Despite being duly notified, INEC failed to attend the convention and refused to recognise its outcome.
Subsequently, on March 5, the court ruled that INEC erred in its decision and declared that the commission must recognise the new national executives who emerged from the convention, including Edozie Njoku as national chairman.
Rather than comply, INEC filed a counter-affidavit in the committal proceeding through its director of election and party monitoring, Joan Arabs, arguing that the court’s judgement was “futuristic.”
Justice Egwatu dismissed this arguement, affirming that the judgement was clear and binding.
INEC failed to file an appeal within the 90-day window, thereby forfeiting the right to challenge the decision.
Forms 48 and 49, formal notices in contempt proceedings, have already been served on Yakubu.
These legal instruments inform and compel the respondent to appear in court to explain why he should not be jailed for disobedience of court orders.
While INEC’s counsel, Umar, mentioned that a preliminary objection challenging the court’s jurisdiction had been filed, it was yet to be moved.
In response, counsel to NRM, Oladimeji Ekengba, argued that the objection was irrelevant, citing the Supreme Court’s ruling in Ebhodaghe Okoye, which held that contempt proceedings take precedence over jurisdictional objections.
Justice Egwatu reminded all parties of the need for every citizen, regardless of status, to uphold the rule of law and respect the integrity of the court.
The case has been adjourned to October 8, for Yakubu to appear and address the contempt charge.
