Professor Mahmood Yakubu, Chairman Independent National Electoral Commission (INEC)
Mahmood Yakubu, INEC Chairman
For disobedience to the order of the court, Justice Stephen Pam of the Federal High Court sitting in Abuja, on Wednesday issued a bench warrant for the arrest of the Chairman of the Independent National Electoral Commission (INEC), Prof. Yakubu Mahmood.
Justice Pam, gave the order for the arrest of the INEC boss, following his absence in court to show cause why he should not be committed to prison for alleged contempt of court.
A chieftain of the Peoples Democratic Party (PDP), Ejike Oguebego had filed a contempt charge against INEC and its chairman for their refusal to recognise him as PDP chairman in Anambra State in compliance with the Supreme Court judgment of December 2014.
When the matter came up for hearing yesterday, counsel to the INEC chairman, Chief Adegboyega Awomolo (SAN) informed the court that Mahmood was not in court because he was attending an important national assignment in Mali.
Justice Pam, in a short ruling, held that the court can no longer tolerate the continued absence of the defendant in court for his trial.
The Judge dismissed the reason advanced by Mahmoud, through his lawyer that he was unable to appear in court as ordered because he was leading a team of electoral officers from ECOWAS states to Mali and that the assignment was crucial.
The court held that the reason was not tenable because the INEC chief had, on three occasions refused to honour the summon issued against him to appear in court to defend the contempt charges brought against him by one Ejike Oguebego, the current chairman of the PDP in Anambra State.
Justice Pam, who was apparently angry by the refusal of the INEC boss to appear in court said that the court will not fold its hands and allow it to be turned into a toothless dog by the defendant.
“It is sad that the contemnor and his senior counsel has chosen not to obey the order of this court in respect of this contempt charge. The contempt of the contemnor to this court can no longer be tolerated and he should not be allowed to continue to take the court for a ride,” the Judge held.
The court faulted the letter by Awomolo, dated July 27, 2018, for the contemnor to be excused on the grounds that the defendant had written through the Executive Secretary of INEC, adding that the letter of Awomolo dated July 27 contradicted that of INEC dated July 2, 2018.
The grouse of the judge was that Awomolo claimed in his letter of July 27 that he had been notified in writing that his client will not appear in court because of the Mali trip, whereas the INEC letter relied upon by Awomolo was dated July 29, 2018.
Consequently, the judge ordered that the INEC chairman is arrested for his persistent refusal to appear in court and adjourned further proceedings to August 8, 2018.
Earlier, a motion filed by Awomolo on July 31 praying the court to hands off or step aside from the trial on the grounds that an appeal had been filed to challenge the court to summon on the INEC boss was struck out by Justice Pam, who held that the motion for stay runs contrary to Section 360 of the Administration of Criminal Justice Act (ACJA), which does not permit stay in a criminal matter.
Counsel to Oguebego had prayed the court to commit the INEC boss to prison for disregarding the judgment of the Apex Court, adding that contrary to the letter and spirit of the Supreme Court judgment, both INEC and its chairman have been relating with another faction of the PDP in Anambra State.
However, the two contemnors in their joint defence claimed that Mahmoud was not in office in 2014, hence, no order was made against him and that he has not disrespected any order of the court.