Court orders substituted service of NRM’s contempt charge on INEC Chairman

The Federal High Court, Abuja on Tuesday, issued an order for substituted service of a contempt charge on the Chairman of the Independent National Electoral Commission (INEC), Prof. Yakubu Mahmood.

The trial Judge, Justice Obiora Egwuatu in the ruling in an ex-parte motion filed by the National Rescue Mission (NRM), directed that Form 48, which is a notice of the consequence of disobedience of an order of the court be served on the INEC boss by handing same to any staff of the Commission at its National Headquarters.

Moving the motion, the NRM, through its team of lawyers led by Mr. Oladimeji Ekengba, alleged that INEC and its Chairman rejected 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 held on January 17, was to fill vacancy and correct lopsidedness in the National Executive Committee (NEC) of the NRM.

He said, “The Respondent is aware that the emergency convention the subject matter of the judgment was held on January 7, 2025, even by its own processes before this Honourable Court.

“Notwithstanding that the Judgment Debtor/Respondent’s Counsel by name M.A. Bawa was in Court when the Judgment was delivered, the Judgment Creditor took the pain to still serve the Judgment Debtor/Respondent with a copy of the Enrolled Order of the Judgment.

“Despite being aware, the Judgment Debtor (INEC) refused to comply with the judgment of this Honourable Court till 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 Judgment 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 judgment 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 the INEC boss 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 receive processes at the gate at a designated registry at Plot 430, Zambezi Crescent Off Aguiyi Ironsi Street Maitama Abuja.

“That the Judgment 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 Judgment 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 stated.

After he had listened to the motion, Justice Egwuatu granted the application as prayed and however, held that the Applicant should, after effecting the service, depose to an affidavit to indicate the name of the INEC official the processes were handed to.

The court then adjourned the matter to July 15 for mention.

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