Court grants Action Alliance order to serve INEC, Mahmood Yakubu Contempt Form through substituted service

From Bamigbola Gbolagunte, Akure

The Federal High Court sitting in Osogbo, the Osun State capital has granted the Action Alliance (AA) an order for substituted service of contempt form (Form 49) on the Independent National Electoral Commission (INEC) and its national chairman, Prof Mahmood Yakubu.

The Action Alliance and some members of the party had through a motion exparte dated 14th April, 2025 sought an order for substituted service of Form 49 on INEC and its national chairman.

Justice Funmilola Dem-Ajayi who presided over the court held that the form be pasted on the wall of the national headquarters of INEC located at plot 436, Zambezie crescent, Maitama, Abuja.

“An order for substituted service of form 49 (contempt form) issued by the Registrar of this Honourable Court (including other court processes that may be served in future) by pasting the said court processes on the wall of of the INEC National headquarters,” she ordered.

The AA had sought an order of the court seeking for substituted service of the contempt form on INEC and its chairman, having failed in its efforts to serve the two parties.

The party had approached the court following the non recognition of Hon Adekunle Rufai Omoaje as its national chairman by INEC, challenging the alleged recognition given to Mr Kenneth Udeze.

Various courts had held that Kenneth Udeze is not a member of the party, having been expelled from the party.

Recall that the Federal High Court sitting in Abeokuta, the Ogun State capital had on 8th of September, 2022 in suit number FHC/AB/C5/120/2022 dismissed an application against the party, describing it as vexatious and awarded a cost of #1 million in it’s favour.

Also, the Court of Appeal, Abuja division in a judgement delivered by Justice Alli Gumel marked CA/ABJ/CV/879/2021 dismissed the appeal filed against the Federal High Court judgment.

The Ibadan division of the Court of Appeal also affirmed the judgment of the lower court, which declared Udeze as a non member of the AA.

In a similar vein, the Supreme Court on 14th May, 2024 in a unanimous judgment by Justices Mohammed Lawal Garba, Emmanuel Akomaye Agiri, Chioma Engondu Nwosu, Haruna Simeon Tssamani and Jamilu Yammama Tukur affirmed the court of Appeal judgement.