The Federal High Court in Abuja has served the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, with a copy of contempt proceedings initiated by the National Rescue Mission (NRM).
In compliance with a June 17 ruling by Justice Obiora Egwuatu, a court bailiff, Ayuba Sule, served Form 48, a notice on the consequences of disobeying a valid court order, at INEC’s National Headquarters in Abuja.
The court had ordered that the process be served via substituted means, permitting the bailiff to hand the documents to any INEC staff member.
In a statement issued by NRM’s National Publicity Secretary, Mr. Anselem Chinedu Nebeife, the party revealed that officials at the INEC headquarters declined to receive the documents, prompting the bailiff to leave them at the legal department.
“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.
“Angered by their disposition, Ayuba dropped the court order and the accompanying Form 48 in front of the legal department and left the commission,” the statement added.
Justice Egwuatu had granted the substituted service following an ex-parte motion filed by NRM through its counsel, Mr. Oladimeji Ekengba.
He alleged that INEC and its Chairman had refused to comply with a mandamus order issued on March 5, which directed the Commission to recognise the party’s Chief Edozie Njoku-led executives.
Ekengba argued that the emergency convention held on January 17 was to fill vacancies and address the imbalance within the party’s National Executive Committee (NEC).
“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 Honourable Court.
“Notwithstanding that the Judgement Debtor/Respondent’s Counsel by name M.A. Bawa was in Court when the Judgement was delivered, the Judgement Creditor took the pain to still serve the Judgement Debtor/Respondent with a copy of the Enrolled Order of the Judgement.
“Despite being aware, the Judgement Debtor (INEC) refused to comply with the judgement of this Honourable Court to date.
“In order not to reduce this Honourable Court to a toothless bulldog and also to enhance the cause of justice, the Registrar of this Honourable 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 Honourable Court,” the NRM stated in its supporting affidavit.
The party further explained the need for substituted service, citing access limitations.
“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 placed numerous protocols, and the bailiff of this Court will not be able to serve him the Form 48 issued by this Honourable Court.
“From the disposition of the Judgement Debtor/Respondent, it is practically impossible to serve its Chairman with the FORM 48 personally as required by law, hence this application,” read the affidavit, deposed to by Mr. Adebayo Wasiu.
The court has adjourned the case till July 15.
