Contempt: INEC chairman risks imprisonment over evasion of court summons

Independent National Electoral Commission staff have been accused of refusing to receive service of Form 48 on behalf of their chairman, Mahmood Yakubu.
Form 48, also known as ‘Notice of Consequence of Disobedience of Court Order’, is a legal document used in Nigeria to notify an individual or entity that they are in contempt of court for disobeying a court order, warning the individual about the consequences, including imprisonment, if they continue to disregard the court’s directive.
The national publicity secretary of the National Rescue Movement, Anselem Nebeife, made the allegation in a statement on Friday morning in Abuja.
Justice Obiora Egwuatu of the Federal High Court, Abuja Division, on Tuesday, granted an application filed by NRM to serve a contempt charge on Mr Yakubu by substituted means through any of the commission’s staff.
Mr Egwuatu granted the request after counsel to the NRM, Oladimeji Ekengba, moved an ex parte motion to that effect.
However, Mr Nebeife, in the statement, alleged that when the court bailiff, Ayuba Sule, went to INEC’s headquarters to effect the service of Form 48 on the chairman as ordered by the court, Mr Yakubu could not be accessed, and none of the staff was ready to receive the documents.
“Mr Ayuba first got to the INEC chairman’s office, but his staff requested him to identify himself. Ayuba obliged them with his official identity card, and after reading the content of the document, which he handed over to them, they quietly gave it back to him and told him to visit the legal department.
“On getting to the legal department, another drama ensued involving Ayuba and another INEC staff. Upon handing over the document to the staff, the said staff stealthily scanned through and speedily returned it and said, ‘Can’t you see that this is Form 48, please? I love my job, oh!’
“Angered by their disposition, Ayuba dropped the court order and the accompanying Form 48 in front of the legal department and left the commission,” he said.
Mr Egwuatu, while delivering the ruling, had directed that Form 48 be served on Mr Mahmood by giving it to any INEC employee at its national headquarters and fixed July 15 for mention.
The NRM filed the application over allegations that INEC had refused to comply with the court judgment by recognising Edozie Njoku as its national chairman.
(NAN)
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