A High Court of the Federal Capital Territory, FCT, sitting at Bwari, has okayed a contempt proceeding that was initiated against the Chairman of the Independent National Electoral Commission, INEC, Yakubu Mahmood, over his alleged disobedience to a subsisting court judgement.
Justice Mohammed Madugu gave the INEC boss 14 days to comply with the judgement that recognised Chief Edozie Njoku as the authentic National Chairman of the All Progressives Grand Alliance, APGA, or risk jail.
Equally cited as a Respondents in the committal proceeding (Form 49) marked FCT/HC/CV/4068/2023, is a factional Chairman of the party, Victor Oye.
It was two aggrieved chieftains of the party, Camaru Lateef Ogidan (the National Vice Chairman, South West Geopolitical Zone of APGA) and Rabiu Mustapha (the National Welfare Officer of APGA), that initiated the court action.
The Applicants told the court that they are 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 judgement, held that from the totality of affidavit evidence that was adduced before him, both the INEC Chairman and Chief Oye, were found to have disobeyed a valid court order with respect to APGA leadership, saying he was however minded to grant them a 14-day grace period to purge themselves of the said contempt of court.
Specifically, the Applicants had in the committal charge, sought an order of court to commit Prof. Yakubu to prison for spurning a valid order the court made on May 10, which had restrained Oye and APGA from conducting Ward, Local Government, State Congresses and Convention.
The court had directed INEC Chairman and Chief Oye, who were joined as parties in the case, “to maintain status quo ante bellum,” pending the hearing of a notice of preliminary objection that was filed before it.
“For the avoidance of doubt and for the purpose of clarity, parties herein whether by themselves, agents, privies, assigns, authorized representatives or whosoever acting on their behalf are restrained from holding the planned Congresses, National Convention or any other meetings or gatherings in whatever name called of APGA, pending the hearing of notice of preliminary objection filed on May 9, 2023 by the 1st Defendant/Applicant, Chief Oye,” Justice Madugu added.
However, despite the order, the Chief Oye-led faction of the party went ahead and conducted 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 judgement last Thursday, a copy of which Vanguard obtained on Sunday, Justice Madugu held that in view of the fact that the order the court made on May 10 was not appealed, the INEC Chairman and Oye, “were in contempt of court”.
“A court does not make an order in vain; a court order must be disobeyed. Disobedience to a valid court order undermines the integrity and sanctity of the 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 on the sanctity of the court” Justice Madugu stated.
Consequently, he ordered the 1st Respondent (Oye) and 2nd Respondent (INEC Chairman) to purge themselves of 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 queried if the order of the Anambra State High Court was capable of overriding that of an Abuja High Court made on May 10, noting that both courts are of the same coordinate jurisdiction.
The judge noted that the Respondents had the opportunity to appeal against the court order, but failed to do so.
“Placing reliance on the order of an Anambra High Court, made on May 12, does not absolve the Respondents from the dire consequences of the committal charge,” he held.
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