Court orders arrest of INEC Chairman over contempt

Justice Stephen Pam of the Federal High Court Abuja, has ordered a bench warrant against Prof. Yakubu Mahmoud, Chairman of the Independent National Electoral Commission (INEC), for disobedience of court order.

Justice Pam gave the order on Wednesday, following the INEC Chairman's absence in court to show cause why he should not be committed to prison for alleged contempt of court.

Recall that the Supreme Court had in Jan. 2016 declared the list of candidates submitted by the Ken Emekayi led faction of the Anambra PDP, illegal.

This was in respect of a suit filed by the Ejike Oguebego faction on behalf of themselves and others including Mr Chris Uba.

The suit was for the apex court to determine who the legal and validly nominated candidates of the party to stand for the last general elections for the party in the state.

Going by the ruling, the list of nominated party candidates in the 2015 general election from the Oguebego-led executive of the Anambra PDP was the only one to be recognised by INEC.

In the list, Chris Uba, John Emeka and Annie Okonkwo were said to be the duly nominated senatorial candidates for Anambra South, Central and North in the March 28, 2015 general election.

Similarly, Justice John Tsoho of a Federal High Court, Abuja, had in 2017 ordered INEC and its chairman to appear before it to answer to contempt proceedings pending against them.

Justice Tsoho gave the order in his ruling on arguments on whether or not the physical presence of INEC and its chairman was necessary for the court to determine the contempt proceedings.

 INEC and Mahmood are being sued for refusing to obey the December 5, 2015 judgment of the Federal High Court, Abuja delivered by Justice Evoh Chukwu.

Justice Chukwu had, in the fifth order as contained in the judgment, 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.”

The case which was brought to the court in june was later adjourned till Aug. 1 to allow Awomolo go and bury his mother.

However on Wednesday, the court, in a short ruling, held that it can no longer tolerate the continued absence of the defendant in court to answer to the trial, after his Counsel informed the court that Mahmoud was not in court because he was attending an important national assignment in Mali.