Judul : NRM threatens to apply for arrest warrant against INEC chairman
link : NRM threatens to apply for arrest warrant against INEC chairman
NRM threatens to apply for arrest warrant against INEC chairman
The National Rescue Movement (NRM) on Friday, threatened to apply for a bench warrant of arrest against the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu.
NRM’s lawyer, Oladimeji Ekengba, stated this before Justice Obiora Egwuatu of the Federal High Court in Abuja, following the absence of the INEC boss in court.
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 made a motion ex parte to that effect.
The Judge, 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 Mahmood by handing sthe ame to any staff of the commission at its national headquarters and 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 Chief Edozie Njoku-led executives of the party.
The lawyer said the essence of the emergency convention held on January 17 was to fill vacancy 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 and added that he was shocked that the INEC boss was absent in a contempt proceeding that is a criminal matter.
Yakubu’s lawyer, Alhassan Umar, SAN, however, informed the court that they had filed a preliminary objection to challenge the suit and added that 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 learned friend did not disclose that he has been served that application and, subject to the convenience of the court, we are ready to proceed,” he said.
Ekengba, who acknowledged being served with the objection on Thursday, 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 contempt proceedings have been filed.
According to him, the Supreme Court says that when it 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 relief.
“The fact is that the contemporary 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 INEC chairman’s lawyer, Umar, who 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.
Justice Egwuatu said INEC, he knows, is a neutral party; hence, political parties should be allowed to solve their problems and subsequently adjourned the matter until October 8 for hearing.
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