•INEC chairman, Prof Mahmood Yakubu
Justice Obiora Egwuatu of the Federal High Court has expressed doubt over the neutrality of the Independent National Electoral Commission (INEC) in relation to the internal affairs of political parties.
Justice Egwuatu made the observation at the resumption of proceedings in a contempt case brought against INEC chairman, Professor Mahmood Yakubu by a political party, the National Rescue Movement (NRM), reports The Nation.
The judge had in a ex-parte ruling on June 17 ordered substituted service, on Prof. Yakubu, of all court documents relating to contempt case, which arose from the alleged failure of the INEC Chairman to obey an earlier judgment of the court, recognising Chief Edozie Njoku as the National Chairman of the NRM.
At the mention of the case today, lawyer to the NRM, Oladimeji Ekengba said the case was slated for mention, but that he was shocked that the alleged contemnor was absence in a contempt proceeding that is a criminal matter.
Yakubu ‘s lawyer, Alhassan Umar, (SAN) however informed the court that they had filed a preliminary objection to challenge the matter.
Umar said the application was filed on July 17, hence, the contempt case was not ripe for hearing.
He said: “In our view, our application takes precedence over contempt proceedings. It has to be taken and determined first before the contempt
“I am surprised that my learner friend did not disclose that he has been served that application and subject to the convenience of the court, we are ready to proceed,” Umar said.
In his response, Ekengba acknowledged being served with the objection on Thursday, and argued that Umar’s submission that the preliminary objection ought to be heard first did not apply in law.
Citing a previous decision of the Supreme Court in Ebhodaghe Vs Okoye, 2004, Page 495, the lawyer argued that a preliminary objection cannot take precedence when a contempt had been filed.
Ekengba said the Supreme Court was of the view that when it is an issue of contempt, it takes precedence over every other matters, because a defendant cannot be in contempt and still come to the same court for reliefs.
“The fact is that the contemnor is not here and no reason was given. Otherwise, I will be applying for a bench warrant of arrest for him to be here,” Ekengba said.
Justice Egwuatu then, intervened and asked Umar to respond the Ekengba’s argument.
Umar said Ekengba himself admitted that the matter was fixed for mention and that the issue of jurisdiction, which is fundamental, had been raised in their application.
At the point, Justice Egwuatu told Umar that he has read the preliminary objection before, adding, “I don’t need to read it (the preliminary objection) again to know the fact of that case.
“At least, I read law. This profession is for all of us and no matter how highly placed a person is, he should obey the law,” the judge said, adding that such action affects public confidence in the Judiciary.
The judge proceeded to note that INEC ought to be a neutral party in its relationship with political parties and so, political parties should be allowed to solve their problems.
Justice Egwuatu then adjourned till October 8 for hearing.
Ekengba had, while arguing the motion ex-parte on June 17 claimed that INEC and Prof. Yakubu failed to comply with an order of mandamus made by the court on March 5, directing them to accept the outcome of an emergency national convention that produced Chief Edozie Njoku as the National Chairman of the NRM.
Ekengba said the essence of the emergency national convention, held on January 17, was to fill existing vacancy and correct the lopsidedness in the National Executive Committee (NEC) of the NRM.
He said NRM’s request that the court’s Registrar issue Form 48 to be served on INEC Chairman was for him to show cause why he should not be committed to prison for failing to comply with the court’s judgment.
Ekengba said his client resorted to substituted service on realising that it would be impossible to hand the processes to him personally.
“I know that the bailiff of this court will not be able to serve the Chairman of the respondent/judgement debtor (INEC) the Form 48 personally as the respondent only receive processes (court documents) at the gate at a designated registry at Plot 430, Zambezi Crescent Off Aguiyi Ironsi Street Maitama Abuja.
“The judgment debtor/respondent’s Chairman has put in place 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.”
In a protest letter earlier sent to Prof. Yakubu by the party’s lawyer, Joe Agi (SAN), NRM said Njoku and other members of its NEC were elected on January 17, 2025, at the emergency national convention of the party held in Abuja.
It added that since the emergence of Chief Njoku as the National Chairman of NRM, INEC and its Chairman have allegedly refused to recognise him and the NEC members as leaders of the party despite a subsisting order of the Federal High Court, directing INEC to recognise them.
On January 16 Justice Emeka Nwite of the Federal High Court, Abuja issued an order mandating INEC to “monitor and accept” the outcome of NRM’s emergency convention held on January 17.
Following delay by INEC to recognise the leadership that emerged from the January 17 convention, the NRM went back to court and, on March 5, Justice Egwuatu issued the order of mandamus, compelling INEC and its Chairman to recognise the Chief Njoku-led NEC of the party.
