Alleged contempt of court: INEC chairman risks jail

For allegedly disobeying the positive orders of the court the Chairman of the Independent National Electoral Commission (INEC) Prof. Mahmood Yakubu risks being committed to prison as a Federal High Court sitting in Abuja has issued form 48 against him.  Form 48 which is the notice of the consequences of disobedience to court order was […]

For allegedly disobeying the positive orders of the court the Chairman of the Independent National Electoral Commission (INEC) Prof. Mahmood Yakubu risks being committed to prison as a Federal High Court sitting in Abuja has issued form 48 against him.
 Form 48 which is the notice of the consequences of disobedience to court order was issued against the INEC Boss by the court presided over by Justice Evon Chukwu on February 19th, 2016.
 The form 48 was issued following the continued refusal of the commission to issue certificates of return to Prince John Emeka, Chief Chris Uba and others who were the candidates of the Peoples Democratic Party (PDP) on the list sent by the Ejike Oguebego led Executive Committee of the PDP Anambra State Chapter who recently got the endorsement of the Supreme Court as the faction that should have presented candidates for the National Assembly Elections conducted in March 2015.
 It would be recalled that Ejike Oguebego and Chuks Okoye, the PDP Chairman and Legal Adviser respectively had on the 11th of December 2014 obtained an order of the Federal High Court Abuja presided over by Justice Chukwu restrained the PDP from forwarding or submitting any delegates list or nominated candidates that emerged from the congress conducted by the caretaker committee set up by the party.
 The court had also declared the purported caretaker committee set up by the PDP during the pendency of the suit as illegal, null and void.
 Justice Chukwu had also further held that any delegate list or nominated candidates that emanated from the congresses and primaries conducted by the caretaker committee set up by the PDP during the pendency of the suit as illegal, Invalid, unconstitutional, abuse of court process, null and void and cannot be used for any purpose.
 He also restrained the PDP, it’s agents and servants from forwarding, sending or submitting to INEC which was cited as the 2nd defendant in the suit any delegates lists or nominated candidates that may emerge from the congresses or primaries conducted by the purported caretaker committee set up by the 1st defendant (PDP) for the Anambra State chapter of the party except those that emanate from the Ejike Oguebego led exco of the party in the state.
 The judge went further to restrain INEC from accepting or receiving any delegate list or nominated candidates that may emerge from the congresses or primaries conducted by the caretaker committed set up by the PDP for the Anambra State chapter of the party except those that emanate from the Oguebego led exco of the party.
 Part of the court’s decision read, “ that the 1st defendant the Peoples Democratic Party by the purported appointment of a caretaker committee to oversee, run the affairs and conduct elections for the PDP Anambra State chapter is in flagrant disobedience and contempt of the order of this honourable court made by Justice E.S Chukwu on the 10th day of October, 2014 and re-affirmed on the 24th in suit No: FHC/ABJ/CS/680/2014- Ken Emeakayi V Peoples Democratic Party and 6 others.
However, the Court of Appeal Abuja Division in its judgment set aside the Federal High Court decision but the Supreme Court in its judgement set aside the appellate court judgment and upheld the decision of the Federal High Court Abuja presided over by Justice Evoh Chukwu.