The Federal High Court sitting in Abuja has struck out a contempt application seeking to commit the Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, to prison over alleged disobedience of a court order.
The presiding judge, Justice Joyce Abdulmalik, struck out the case on Tuesday after the applicant, Chief Edozie Njoku, and his legal representatives failed to diligently pursue the matter as required by law.
Njoku, who claims to be the National Chairman of the National Rescue Movement (NRM), had filed a Form 48 against the INEC chairman, asking the court to commit him to Kuje Correctional Centre in Abuja for allegedly refusing to monitor the party’s national convention.
However, due to Njoku’s continued failure to personally serve the committal proceedings on the INEC chairman, Justice Abdulmalik struck out the application in accordance with legal provisions.
The judge stressed that it is not the duty of the court to assist litigants in serving court processes, noting that the responsibility lies entirely with the applicant.
She added that since contempt proceedings are quasi-criminal in nature, Form 48 must be personally served on the alleged contemnor. Failure to comply, she held, renders the application liable to be struck out.
Justice Abdulmalik consequently struck out the suit.
It was gathered that Justice Obiora Egwuatu of the same court had earlier directed INEC to monitor the party’s convention, but the order could not be carried out as a similar convention had already been held.
Reacting to the ruling, the National Chairman of the NRM, Dr Chinedu Obi, praised the court for striking out the contempt application.
Speaking with journalists alongside the party’s National Secretary, Alhaji Hassan Aminu Ibrahim, and National Legal Adviser, Barrister Musa Isiaka, Obi maintained that Njoku is not a member of the party, accusing him of attempting to hijack its leadership.
“Visit the INEC website, you will not find Njoku’s name. Instead, you will see the 14-member National Executive Committee (NEC) under our leadership, along with recognised state chairmen,” he said.
He urged party members nationwide to remain resolute and committed, adding that the court’s decision has cleared the path for the party’s effective participation in the 2027 general elections.
