The National Rescue Movement (NRM) has threatened to seek a bench warrant for the arrest of INEC Chairman, Prof. Mahmood Yakubu, over his failure to appear before the Federal High Court in Abuja during a contempt proceeding.
The threat was issued by NRM’s lawyer, Oladimeji Ekengba, during proceedings before Justice Obiora Egwuatu on Friday.According to the News Agency of Nigeria (NAN), Justice Egwuatu had on June 17 granted NRM’s application to serve the contempt charge on Yakubu via substituted means, following an ex-parte motion.
The court ordered that Form 48—a legal notice of the consequences of disobeying a court order—be served on Yakubu through any INEC staff at the commission’s headquarters.
The contempt charge relates to INEC’s alleged refusal to comply with a March 5 court order mandating it to recognise the outcome of the NRM’s emergency convention held on January 17, which produced Chief Edozie Njoku as the party’s national chairman.When the matter was called, Ekengba expressed shock over Yakubu’s absence, describing contempt proceedings as criminal in nature.
He warned that a bench warrant might be sought if Yakubu fails to appear without justification.However, Yakubu’s lawyer, Alhassan Umar, SAN, informed the court that they had filed a preliminary objection on July 17 challenging the contempt proceedings and argued that the objection should be heard first.
Ekengba countered, citing Supreme Court precedent in Ebhodaghe vs. Okoye (2004), asserting that contempt charges take precedence over any other applications, including jurisdictional challenges.In response, Justice Egwuatu criticised the absence of the INEC chairman, stressing that no one is above the law.
“This profession is for all of us and no matter how highly placed a person is, he should obey the law,” the judge remarked.
He further advised that INEC should remain neutral, allowing political parties to settle internal matters, and adjourned the case to October 8 for hearing.
