The Federal High Court in Abuja has served the Chairman of the Independent National Electoral Commission, Professor Mahmood Yakubu, with a contempt charge initiated against him by the National Rescue Mission.
A court bailiff, Ayuba Sule, served the Form 48 at the INEC headquarters in Abuja on Thursday, following a ruling by Justice Obiora Egwuatu on June 17.
The Form 48 is a notice outlining the consequences of disobeying a valid court order and the first step in contempt and committal proceedings.
The court had earlier directed that the processes be served on the INEC Chairman through substituted means, allowing the bailiff to deliver them to any member of staff at the Commission.
In a statement signed by the NRM’s National Publicity Secretary, Mr Anselem Nebeife, on Friday, the party revealed that INEC officials initially declined to accept the service.
The bailiff subsequently left the documents at the commission’s legal department.
“Mr Ayuba first visited the INEC chairman’s office, but his staff requested identification.
“Ayuba presented his official ID card, but after reading the document, the staff returned it to him and directed him to the legal department.
“At the legal department, another staff member glanced at the document and quickly returned it.
“Frustrated by their behaviour, Ayuba placed the court order and accompanying Form 48 in front of the legal department and left the commission,” the statement read.
Justice Egwuatu ordered the substituted service after hearing an ex parte motion filed by the NRM.
Counsel for the NRM, Mr Oladimeji Ekengba, argued that INEC and its Chairman had ignored a mandamus order issued on March 5, directing them to recognise the outcome of an emergency convention that elected Chief Edozie Njoku as the party’s leader.
Ekengba explained that the convention, held on January 17, was for the purpose of filling the vacancies and address imbalances in NRM’s National Executive Committee.
The NRM accused INEC of deliberately disregarding the court order despite being fully aware of its existence and implications.
“To prevent this honourable court from being rendered impotent and to uphold the cause of justice, the registrar issued Form 48 to the chairman of the respondent, directing him to show cause why he should not be committed to prison for failing to comply with the court’s judgement,” read an affidavit deposed to by Mr Adebayo Wasiu.
The application for substituted service arose from the difficulty in personally serving Mahmood.
The affidavit noted that INEC processes documents only at a designated registry at its gate, making direct service impractical.
The court has fixed July 15 for mention.
