The Federal Capital Territory (FCT) High Court in Bwari has approved a contempt proceeding against the Chairman of the Independent National Electoral Commission (INEC), Prof. Yakubu Mahmood, for alleged disobedience to a standing court judgment.
Justice Mohammed Madugu has given the INEC boss a 14-day ultimatum to comply with the judgment that recognized Chief Edozie Njoku as the legitimate national chairman of the All Progressives Grand Alliance (APGA) or face potential imprisonment.
A factional chairman of the party, Chief Victor Oye, is also named as a respondent in the committal proceeding.
The court action was initiated by two disgruntled party chieftains, Otunba Camaru Lateef Ogidan (the National Vice Chairman, South West Geopolitical Zone of APGA) and Alhaji Rabiu Mustapha (the National Welfare Officer of APGA). The applicants claimed to be members of the National Working Committee of APGA who emerged at a convention the party held on May 31, 2019, under the leadership of Chief Njoku.
Justice Madugu, in his judgment, stated that, from the totality of affidavit evidence presented before him, both the INEC Chairman and Chief Oye were found to have disobeyed a valid court order concerning APGA leadership. However, he granted them a 14-day grace period to rectify their contempt of court.
The applicants had sought an order of the court to commit Prof. Yakubu to prison for disregarding a valid order the court made on May 10, which had restrained Oye and APGA from conducting ward, local government, state congresses, and conventions.
Despite the order, the Chief Oye-led faction of the party proceeded with the congresses under the supervision of INEC. They subsequently submitted the names of candidates for various elective positions, which were accepted by INEC.
Dissatisfied with the development, the applicants initiated the contempt charge. In his judgment last Thursday, Justice Madugu held that because the order the court made on May 10 was not appealed, the INEC Chairman and Oye “were in contempt of court”.
“This insanity of flouting court orders must stop, and it cannot continue. The disobedience to the order made by this court on May 10 is undoubtedly an affront to the sanctity of the court,” Justice Madugu stated.
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Consequently, he ordered the 1st Respondent (Oye) and 2nd Respondent (INEC Chairman) to rectify their contempt of court within 14 days or face the full wrath of the court. The court held that Oye’s submission that APGA conducted the congresses based on the May 12 order of an Anambra State High Court at Otuocha was not tenable.
Justice Madugu questioned if the order of the Anambra State High Court could override that of an Abuja High Court made on May 10, noting that both courts are of the same coordinate jurisdiction.