A Federal High Court in Abuja has given the go ahead to Chairman and Legal Adviser of the Peoples Democratic Party (PDP), Anambra state, Ejike Oguebego and Chuks Okoye, to commence contempt proceedings against the Chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu.
Oguebego and Okoye, who are suing for themselves and on behalf of other members of the Executive Committee of the PDP, Anambra state, are accusing Mahmood of refusing to obey the December 5, 2015 judgment of the Federal High Court, Abuja delivered by Justice Evoh Chukwu.
Justice Chukwu had, in the fifth order as contained in the judgment, restrained INEC, its agents, among others “from accepting or receiving any delegate list or nominated candidates that may emerge from the congresses or primaries conducted by the caretaker committee set up by the 1st defendant (PDP) for the Anambra PDP, except those that emanate from the plaintiffs.”
Justice John Tsoho, also of the Federal High Court, Abuja, on May 20, 2016, granted an order ex-parte for substituted service of processes in relation to the contempt proceedings, including Form 48, on Yakubu.
For service on the INEC boss, Justice Tsoho directed the plaintiffs to serve the court processes, including Form 48 on “an adult person, staff or official at the Legal Department of INEC at No: 436 Zambezi Crescent, Maitama, Abuja, being the usual place of business of the 2nd respondent, Yakubu.
As it affects INEC, the judge ordered the services of all processes, including Form 46, “by delivering or leaving same at the Legal Department of INEC, the commission having refused to accept service of same from the bailiffs of this honorable court.”
The Form 48 issued by the court’s Registrar on March 31, 2016, is a notice of consequences of disobedience to order of court.
It states: “Take notice that unless you obey the directions contained in the order of the honorable court, attached to this Form (in particular, the 5th order, restraining you from acting on any list of nominated candidates for the PDP in Anambra state in respect of Legislative seats for the 2015 general election, except those that emanated from the plaintiffs), you will be guilty of contempt of court, and you will be liable to be committed to prison.
“Take further notice that if the INEC continues to disobey this order, you, Prof Mahmood Yakubu, the Chairman of INEC, will be held liable for contempt of court and liable to imprisonment.
