Alex Enumah in Abuja

Justice Obiora Egwatu of a Federal High Court, Abuja, on Friday directed the Chairman of Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to appear before it on October 8, and show cause why he should not be jailed for willfully disobeying a valid judgment of the Court, delivered on March 5, 2025 in Suit No. FHC/ABJ/CS/45/2025.

Justice Egwuatu issued the directive at the resumed hearing in a committal proceeding filed against the INEC boss by the National Rescue Movement (NRM).

The court predicated its action on the grounds that a contempt proceeding is a criminal charge, which requires that the contemnor must be present in court.

Meanwhile, Justice Egwuatu expressed dismay that in view of the consequences of committal charge, Prof. Yakubu, decided not to be in court to purge himself of the charge.

Cautioning the INEC legal team led by Alhassan Umar (SAN), the judge expressed curiosity as to why Mahmood Yakubu, has problem obeying a simple court order.

The Court was clear that INEC meddlesomeness in party internal wrangling puts a caveat on the Commission’s neutrality.

The Judge advised the INEC lawyers that while it is within their professional right to defend Mahmood as the Chairman of INEC, that disobedience to Court Judgment reduces the integrity of the court and the legal profession into circus.

Recall that on January 16, 2025, NRM got an order compelling INEC to monitor its Emergency National Convention, held on January 17, 2025, which the electoral body was duly notified. Consequently, on March 5, 2025, the Court gave judgment on the substantive matter, making it abundantly clear that the Commission erred by its refusal to monitor the Emergency National Convention and by its decision not to recognize the outcome of the convention.

The Court made declaratory orders that INEC is bound by the law to accept and recognize the national executives of the party that emerged from the convention.

Unfortunately, in its counter affidavit filed against the NRM committal proceedings, Joan Arabs, the Director of Election and Party Monitoring (EPM) of INEC, claimed that the Court judgment was in the futuristic terms, a claim, the judge debunked today.

However, since the ruling and order of the court were made, the INEC Chairman, waived his right of appeal as the 90 days window to lodge an appeal had elapsed.

Having served Prof. Yakubu with Forms 48 and 49, the coast is now clear for him to appear in court, in person.

Form 49 is a critical legal instrument in Nigeria’s jurisprudence, which serves as a formal notice requiring an alleged contemnor to justify why he should not be committed to prison for disobeying a court order.

It is served on a contemnor after he has been served with Form 48; which warns of the consequences of disobeying a court order.

Meanwhile, Alhassan Umar (SAN), counsel for the INEC Chairman, informed the court of his application for preliminary objection based on the fact that the court lacks the jurisdiction to hear the contempt charge.

Reacting, counsel for the applicant (NRM), Oladimeji Ekengba, told Justice Egwuatu, that having intentionally disobeyed the court, which ordered him to recognize Chief Edozie Njoku, as the National Chairman of NRM, Prof. Yakubu, has no sound legal footing to raise objection in the same court he has refused to obey its judgment.

Ekengba cited the decision of the Supreme Court in Ebhodaghe Vs Okoye, that objection to jurisdiction cannot arrest a contempt proceeding as it takes priority over objection challenging the jurisdiction of the court.

Though, the preliminary objection was not moved, however, the court reminded the INEC Chairman’s lawyer of the need for citizens, no matter how highly placed, to obey the rule of law and have respect for the sanctity of the court at all times.

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