In a significant legal development, the Federal High Court in Abuja has formally served Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), with a contempt charge initiated by the National Rescue Mission (NRM) party.
The court bailiff, Ayuba Sule, delivered the crucial Form 48, a legal notice that outlines the consequences of failing to comply with a valid court order and marks the first step in contempt and committal proceedings at the INEC headquarters on Thursday, following a ruling by Justice Obiora Egwuatu on June 17.
The delivery came after the court authorized substituted service, permitting the bailiff to serve the documents to any staff member at INEC, due to difficulties in directly serving the Chairman. However, INEC officials initially refused to accept the documents, forcing the bailiff to leave the paperwork at the commission’s legal department.
According to a statement released by the NRM’s National Publicity Secretary, Anselem Nebeife, the bailiff’s efforts were met with resistance:
“Mr. Ayuba first approached the INEC chairman’s office, where staff requested identification. Despite presenting his official ID and explaining the nature of the documents, the staff returned the documents and directed him to the legal department.
At the legal department, the documents were briefly glanced at and then swiftly returned. Frustrated, the bailiff placed the court order and Form 48 in front of the legal department and departed,” the statement detailed.
This substituted service followed an ex parte motion filed by the NRM, which alleged that INEC and its Chairman had ignored a mandamus order issued on March 5.
The order required INEC to recognize the results of an emergency convention held by the NRM on January 17, which elected Chief Edozie Njoku as the party’s leader, addressing key vacancies and imbalances within the party’s National Executive Committee.
NRM’s counsel, Oladimeji Ekengba, accused INEC of deliberately disregarding the court order despite full awareness of its existence and legal implications.
The application for substituted service was necessitated by INEC’s protocol of accepting legal processes only at a designated registry located at its gate, complicating personal service efforts.
The court has scheduled the next mention date for July 15.
