The National Rescue Movement (NRM) on Friday threatened to apply for a bench warrant of arrest against Prof. Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC).
NRM lawyer, Oladimeji Ekengba, made the threat before Justice Obiora Egwuatu of the Federal High Court in Abuja, following Yakubu’s absence in court.
The News Agency of Nigeria (NAN) reports that Justice Egwuatu had, on June 17, granted the application filed by NRM to serve the contempt charge on the INEC chairman by substituted means.
The judge granted the request after Ekengba moved a motion ex-parte to the effect.
Justice Egwuatu, while delivering the ruling, directed that the Form 48, which is a notice of the consequence of disobedience of a court order, be served on Yakubu by handing same to any staff of the commission at its national headquarters.
He then adjourned the matter for hearing.
Ekengba had alleged that INEC and its chairman flouted 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 was held on January 17, was to fill vacancies and correct lopsidedness in the National Executive Committee (NEC) of the party.
When the matter was called on Friday, Ekengba said the case was slated for mention in a contempt proceeding against the INEC chairman, Yakubu.
“I am shocked that he is absent in a contempt proceeding that is a criminal matter,” the lawyer said.
Yakubu’s lawyer, Alhassan Umar, SAN, however informed the court that they had filed a preliminary objection to challenge the matter.
He said the application was filed on July 17, hence, the contempt charge was not ripe for hearing.
“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 court convenience of the court, we are ready to proceed,” he said.
Resounding, Ekengba acknowledged being served with the objection on Thursday.
He argued that Umar’s submission that the preliminary objection ought to be heard first did not apply in law.
Citing a previous Supreme Court decision in Ebhodaghe Vs Okoye, 2004, Page 495, the lawyer argued that a preliminary objection cannot take precedence when a contempt had been filed.
According to him, the Supreme Court says that when the application is an issue of contempt, it takes precedence over every other matter, because a defendant cannot be in contempt and still come to the same court for reliefs.
“The fact is that the contempnor 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.
“Can you respond to that?” the judge asked the INEC chairman’s lawyer.
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.
“Counsel, I have read it (the preliminary objection). I don’t need to read it again to know the facts 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 makes a caricature of the judicial system.
Justice Egwuatu said INEC, he knows, is a neutral party, hence, political parties should be allowed to solve their problems.
The judge subsequently adjourned the matter until October 8 for hearing.
