The National Rescue Movement (NRM) on Friday warned that it may apply for a bench warrant against the Chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu, over alleged disobedience of a court order.
The threat was issued by the party’s counsel, Oladimeji Ekengba, before Justice Obiora Egwuatu of the Federal High Court in Abuja, following Yakubu’s failure to appear in court.
A correspondent reports that Justice Egwuatu had, on 17 June, granted NRM’s application to serve a contempt charge on Yakubu via substituted means. The court directed that Form 48—notice of consequences for disobeying a court order- be served on any INEC staff member at the commission’s national headquarters.
The contempt charge stems from an alleged refusal by INEC to comply with a mandamus order issued on 5 March. That order directed INEC to recognise the outcome of an emergency convention that produced Chief Edozie Njoku as national chairman of the party.
Ekengba said the convention, held on 17 January, aimed to address vacancies and imbalances in the party’s National Executive Committee.
Speaking in court, Ekengba noted that the matter was listed for mention but insisted Yakubu’s absence was unjustified. “I am shocked that he is absent in a contempt proceeding that is a criminal matter,” he said.
However, Yakubu’s counsel, Alhassan Umar, SAN, told the court a preliminary objection had been filed on 17 July to challenge the suit. He argued that the objection, which raised questions of jurisdiction, should be addressed before the contempt hearing could proceed.
“In our view, our application takes precedence over contempt proceedings,” Umar said, “and subject to the court’s convenience, we are ready to proceed.”
Ekengba acknowledged being served with the objection but argued that under Nigerian law, contempt proceedings take priority. He cited Ebhodaghe vs Okoye (2004) to support his position.
“The Supreme Court says when it is an issue of contempt, it takes precedence over every other matter because a defendant cannot be in contempt and still come to the same court for reliefs,” he argued. “The contemnor is not here and no reason was given. Otherwise, I will be applying for a bench warrant.”
Justice Egwuatu appeared unimpressed with Yakubu’s absence. “No matter how highly placed a person is, he should obey the law,” the judge said. He added that defying court orders undermines the credibility of the judiciary.
The judge reiterated that INEC is expected to maintain neutrality and should not hinder the resolution of internal political party matters.
The case was adjourned until 8 October for hearing.
(NAN)