INEC chairman risks jail term

 The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmoud Yakubu, may risk being jailed over the lingering crisis of the Peoples Democratic Party (PDP) in Anambra State. The court has, however, issued a notice of Consequence of Disobedience to Court Order, otherwise known as Form 48 on Yakubu. Also served with the notice are the Commission’s Secretary, Mrs. Augusta Ogakwu and its Director of Legal Services, Ibrahim Bawa (SAN).

In a suit between the Ejike Oguebego-led state executive of the PDP in Anambra State and INEC, Justice Evoh Chukwu of the Federal High Court, Abuja, had stopped the commission from recognising candidates contained in the list of nominated candidates sent by interests other than its executive.

Justice Chukwu had given an order of perpetual injunction restraining the first defendant (PDP), its agents, servants, privies, assign, officials whatsoever name they may be called from forwarding or submitting to the second defendant (INEC) any delegate list or nominated candidate that may emerge from the congress or primaries conducted by the purported caretaker committee set up by the PDP, Anambra State chapter, except those that emanate from the plaintiffs’ (Oguebego, others) congress.

Despite the order of the court, the electoral body went ahead to accept nomination from the caretaker committee, which produced Andy Uba and Stella Oduah as senators from Anambra State. Oguebego and Chuks Okoye, the legal adviser of the party in the state, went back to the court to file Form 48. In the Form 48, dated February 18, 2016 and signed by the Registrar of the court, the court warned the electoral body on the consequence of disobedience to its order of the court.

The acknowledgement copy of the Form 48 from INEC reads: “Take notice that unless you obey the directions contained in the order of the honourable court attached to this Form (in particular the 5th Order restraining you from acting on list of nominated candidates except those that emanate from the plaintiff), you will be guilty of contempt of court, and you will be liable to be committed to prison.”

The Supreme Court recently affirmed the authenticity of the Ejike Oguebego leadership of the PDP in Anambra and directed INEC to deal with it in all cases. Justice Chukwu had also in the case marked: FHC/ABJ/CS/854/2015 restrained INEC from accepting list of nominated candidates from other sources except from the Oguebego-led executive. Form 48 is a “notice of consequences of disobedience to court orders,” issued on a party who is reluctant or unwilling to obey a subsisting order of a court.

A party who issue Form 48 on a perceived erring party will proceed to issue Form 49 (request for order of committal against an erring party), commencing contempt proceedings against the erring party. Oguebego and Okoye are at liberty to initiate contempt proceedings against the electoral body and its principal officials, by filing Form 49, if the court order is not obeyed.

Courtesy : New Telegraph