A Federal High Court in Abuja on Monday
summoned the Chairman of the Independent National Electoral Commission,
Prof. Mahmood Yakubu, to appear before it to answer to contempt
proceedings pending against him.
The trial judge, Justice John Tsoho,
warned the INEC chairman that he would order the police to arrest him if
he failed to appear before him.
Justice Tsoho gave the order on Monday
while ruling on whether or not the physical presence of INEC and its
chairman was necessary for the court to determine the contempt
proceedings.
The contempt charge was initiated
against INEC and its Chairman by Ejike Oguebego and Chuks Okoye –
Chairman and Legal Adviser of the Peoples Democratic Party, Anambra
State.
The judge rejected the argument by
counsel for INEC and its chairman, Mr. Adegboyega Awomolo (SAN), to the
effect that the nature of the contempt proceedings against his clients
was civil and could be determined without their physical presence.
But Justice Tsoho said whether civil or
criminal, contempt proceedings were always quasi-criminal, which
required the physical presence of the alleged contemnor in court.
Relying on the provisions of Order 9
Rule 14 of the Judgment Enforcement Rules, Justice Tsoho said it was the
duty of the court’s Registrar to issue and serve Forms 48 and 49 on a
party in disobedience of court’s order for him/her to attend court,
failing which a bench warrant might be issued against him/her to attend
court and show cause.
The judge held, “I hold that the alleged
contemnors are under obligation to appear before this court to show
cause why an order of committal should not be made against them.”
Justice Tsoho, who specifically directed
the alleged contemnors to present themselves in court on Thursday
(July 7), said a bench a warrant would be issued for their arrest should
they fail to attend appear in court.
Oguebego and Okoye, who initiated the
proceedings for themselves and on behalf of other members of the
Executive Committee of the PDP, Anambra State, accused INEC and Yakubu
of refusing to obey the December 5, 2015 judgement of the Federal High
Court, Abuja delivered by Justice Evoh Chukwu (now late).
Justice Chukwu had, in the fifth order
as contained in the judgement, restrained INEC, its agents, among others
“from accepting or receiving any delegate list or nominated candidates
that may emerge from the congresses or primaries conducted by the
caretaker committee set up by the 1st defendant (PDP) for the Anambra
PDP, except those that emanate from the plaintiffs.”
They plaintiffs had initiated the
contempt proceedings following the INEC’s alleged refusal to comply with
the judgment, particularly the 5th order made by Justice Chukwu.
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