The Federal High Court in Abuja has served the Chairman of the Independent National Electoral Commission, INEC, Prof. Yakubu Mahmood, with a copy of the contempt proceeding that was initiated against him by the National Rescue Mission, NRM.
A bailiff of the court, Ayuba Sule, served the Form 48 at the National Headquarters of the electoral body in Abuja, in line with a ruling that Justice Obiora Egwuatu delivered on June 17.
Service of the Form 48, which is a notice of the consequences of disobedience of a valid court order, is the first step in a contempt and committal proceeding.
The court had ordered that the processes should be served on the INEC Chairman through substituted means.
Meanwhile, the NRM, in a statement that was signed by its National Publicity Secretary, Mr Anselem Chinedu Nebeife, disclosed that though officials at the INEC headquarters declined to accept the service, the bailiff dropped it at the legal department of the commission.
“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 gave the order for substituted service of the documents on the INEC Chairman after he heard an ex parte motion that was brought before the court by the NRM.
Moving the motion, counsel to the NRM, Mr Oladimeji Ekengba, alleged that INEC and its Chairman spurned an order of mandamus the court made on March 5, which directed them to accept the outcome of an emergency convention that produced the Chief Edozie Njoku-led executives of the party.
Ekengba said the essence of the emergency convention which was held on January 17 was to fill vacancies and correct lopsidedness in the National Executive Committee (NEC) of the NRM.
“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 added in an affidavit it filed in support of the motion.
It said the application for the processes to be served on Prof. Mahmood through substituted means was owing to the fact that it would be impossible to hand the processes to him personally.
“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,” the affidavit, which was deposed to by one Mr Adebayo Wasiu, further read.
The court subsequently adjourned the case till July 15 for mention.
