From Godwin Tsa Abuja

The National Rescue Movement (NRM) has accused staff members of the Independent National Electoral Commission (INEC) of allegedly refusing to receive service of Form 48 on behalf of their Chairman, Prof. Mahmood Yakubu.

Forms 48 is a notice of the consequence of disobedience of a lawful court order.

It offers the alleged contemptnore an opportunity to comply with the order and avoid further legal action.

The National Publicity Secretary of National Rescue Movement (NRM), Anselem Nebeife, made the allegation in a statement on Friday morning in Abuja.

Justice Obiora Egwuatu of the Abuja division of the Federal High Court, had on Tuesday, granted an application filed by NRM to serve a contempt charge on Yakubu by substituted means through any of the commission’s staff.

Justice Obiora Egwuatu granted the request after counsel to the NRM, Oladimeji Ekengba, moved a motion ex-parte to the effect.

However, Nebeife, in the statement alleged that when the court bailiff, Mr Ayuba Sule, went to INEC’s headquarters to effect the service of Form 48 on the chairman as ordered by the court, Prof. Yakubu could not be accessed and non of the staff was ready to receive the documents.
“Mr. Ayuba first got to the INEC Chairman’s office, but his staff requested him to identify himself.

Ayuba obliged them his official identity card, and after reading the content of the document he handed over to them, quietly gave it back to him and told him to visit the Legal Department.

“On getting to the Legal Department, another drama ensued involving Ayuba and another INEC staff.
“Upon handing over the document to the staff, the said staff stealthily scanned through and speedily returned it and said, ‘can’t you see that this is Form 48, please, I love my job ooo.’

“Angered by their disposition, Ayuba dropped the Court Order and the accompanying Form 48 in front of the Legal Department and left the commission,” he said.

Justice Egwuatu, while delivering the ruling, had directed that the Form 48, which is a notice of the consequence of disobedience of a court order, be served on Mahmood by handling same to any staff of the commission at its national headquarters and fixed July 15 for mention.

The NRM filed the application over allegations that INEC had refused to comply with the court judgment by recognising Chief Edozie Njoku as its national chairman.

While moving the ex-parte motion, counsel to the party, Mr. Oladimeji Ekengba, alleged that INEC and its Chairman flagrantly disobeyed an order of mandamus the court made on March 5, directing them to accept the outcome of an Emergency Convention that produced the Chief Edozie Njoku-led Executives of the party.

Specifically, 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 17th January, 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.

“Despite being aware, the Judgment Debtor (INEC) refused to comply with the judgment of this Honourable Court till date.

“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.