On Friday, the National Rescue Movement (NRM) warned it would seek a bench warrant for the arrest of the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu.
The lawyer for NRM, Oladimeji Ekengba, made this statement before Justice Obiora Egwuatu of the Federal High Court in Abuja, after the INEC head failed to appear in court.
On June 17, Justice Egwuatu approved the application submitted by NRM to deliver the contempt charge against the INEC chairman through alternative methods. The judge granted the request following an ex parte motion filed by Ekengba.
The Judge, during the announcement of the decision, instructed that Form 48, which outlines the repercussions of ignoring a court order, be delivered to Mahmood by giving the document to any staff member at the commission's national headquarters, after which the case was postponed for further proceedings.
Ekengba claimed that INEC and its chairman violated a court order issued on March 5, which instructed them to recognize the results of an emergency convention that led to Chief Edozie Njoku heading the party's executives.
The attorney stated that the main purpose of the emergency meeting on January 17 was to address the vacancy and balance the National Executive Committee (NEC) of the party.
On Friday, when the issue was brought up, Ekengba stated that the case was scheduled to be addressed in a contempt hearing involving the INEC chairman and mentioned that he was surprised the INEC head was not present at a proceeding that constitutes a criminal matter.
The lawyer for Yakubu, Alhassan Umar, SAN, told the court that they had submitted a preliminary objection to contest the case, stating that the application was made on July 17, and therefore the contempt charge was not yet ready for consideration.
In our opinion, our application should be prioritized over contempt proceedings. It must be addressed and resolved before the contempt case.
"I am surprised that my knowledgeable colleague did not reveal that he has received that application, and provided the court's availability permits, we are prepared to move forward," he stated.
Ekengba, who admitted receiving the objection on Thursday, stated that Umar's claim that the initial objection should be addressed first had no legal basis.
Referring to a prior Supreme Court case, Ebhodaghe Vs Okoye, 2004, page 495, the attorney stated that a preliminary objection should not override the filing of contempt proceedings.
As he stated, the Supreme Court holds that in cases involving contempt, it supersedes all other issues, as a defendant cannot be held in contempt and then seek the same court's assistance.
"The truth is that the present moment is not here and no explanation was provided. If not, I will request a bench warrant for his appearance," Ekengba stated.
"Can you respond to that?" the judge questioned Umar, the lawyer representing the chairman of INEC, who stated that Ekengba himself acknowledged that the matter had been set for mention, and that the issue of jurisdiction, which is crucial, was raised in their application.
Justice Egwuatu stated that INEC is, in his view, an impartial body; therefore, political parties should be permitted to address their issues and the case was postponed for consideration on October 8.
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