A Federal High Court in Abuja, yesterday, granted the National Rescue Movement (NRM) permission to serve its contempt charge against the Chairman of the Independent National Electoral Commission (INEC), Prof. Yakubu Mahmood, through substituted means.
According to Justice Obiora Egwuatu, who issued the order while delivering ruling in an exparte application, the charge should be served on the INEC boss by handing same to any staff of INEC at the national headquarters.
The applicant had specifically sought permission of the court to serve court processes (Form 48, which is a notice of the consequence of disobedience of a court order) on Mahmood through substituted means
Moving the motion, the NRM, through its team of lawyers led by Mr. Oladimeji Ekengba, alleged that INEC and its chairman spurned an order of mandamus the court made on March 5, which directed them to accept the outcome of an Emergency Convention that produced the Chief Edozie Njoku-led Executives of the party.
Ekengba said the essence of the emergency convention which held on January 17, was to fill vacancy and correct lopsidedness in the National Executive Committee (NEC) of the NRM.
“That the Respondent is aware that the emergency convention the subject matter of the judgment was held on January 17, 2025, even by its own processes before this honourable court.
“Notwithstanding that the Judgment Debtor/Respondent’s Counsel by name M.A. Bawa was in Court when the Judgment was delivered, the Judgment Creditor took the pain to still serve the Judgment Debtor/Respondent with a copy of the Enrolled Order of the Judgment.
“In order not to reduce this Honourable Court to a toothless bulldog, and also to enhance the cause of justice, the Registrar of this Honourable Court on the application of the Judgment Creditor, issued FORM 48 to be served on the Chairman of the Respondent in order for him to show cause why he should not be committed to prison for failing to comply with the judgment of this Honourable Court,” the NRM added in an affidavit it filed in support of the motion.
It said the application for the processes to be served on Prof. Mahmood through substituted means was owing to the fact that it would be impossible to hand the processes to him personally.
“That I know that the Bailiff of this Court will not be able to serve the Chairman of the Respondent/Judgment Debtor the Form 48 personally as the Respondent only receive processes at the gate at a designated registry at Plot 430, Zambezi Crescent Off Aguiyi Ironsi Street Maitama Abuja.
“That the Judgment Debtor/Respondent’s Chairman placed numerous protocols and the bailiff of this Court will not be able to serve him the Form 48 issued by this Honourable Court
From the disposition of the Judgment Debtor/Respondent, it is practically impossible to serve its Chairman with the FORM 48 personally as required by law, hence this application,” the affidavit, which was deposed to by one Mr. Adebayo Wasiu, further read.
He, however, held that the applicant should after effecting the service, depose to an affidavit to indicate the name of the INEC official the processes were handed to.
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