THE Federal High Court in Abuja has ordered the Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan (SAN), to personally appear before it on March 10 to respond to a contempt charge filed by the National Rescue Mission (NRM).
News Point Nigeria reports that Justice Obiora Egwuatu fixed the date after counsel to INEC, M.S. Bawa, sought an adjournment, citing an emergency that prevented the commission’s chairman from attending Wednesday’s proceedings.
Bawa informed the court that a counter-affidavit had already been filed challenging the competence of the contempt proceedings and urging the court to quash the charge.
However, counsel to the NRM, Oladimeji Ekengba, insisted that contempt proceedings require the physical presence of the alleged contemnor.
“My Lord, this is a contempt charge that requires the defendant to be present in the dock. We wonder why he is not here today,” Ekengba told the court.
Before adjourning the matter, Justice Egwuatu directed that a fresh hearing notice be served on the INEC chairman.
The court had earlier granted an order for substituted service, permitting Form 48 — a notice warning of the consequences of disobeying a court order — to be served on the chairman through any staff member at INEC’s national headquarters.
Form 48 is a statutory notice issued in contempt proceedings, notifying a party to show cause why they should not be committed to prison for allegedly failing to comply with a valid court order.
Origin of the Contempt Proceedings
The contempt charge arose from an ex parte motion filed by the NRM, alleging that INEC and its chairman disobeyed a mandamus order issued by the court on March 5, 2025.
In that judgment, the court directed INEC to recognise the outcome of an emergency convention held on January 17, 2025, which produced a Chief Edozie Njoku-led executive committee of the party.
The NRM contends that despite being aware of both the convention and the subsequent court ruling, INEC failed to comply with the order.
In an affidavit supporting the motion, the party stated that INEC’s counsel was present when the judgment was delivered and that the enrolled order was duly served on the commission.
“To prevent reducing this Honourable Court to a toothless bulldog and to uphold justice, the Registrar, on the Judgment Creditor’s application, issued Form 48 to be served on the Respondent’s Chairman to show cause why he should not be committed to prison for failing to comply with the judgment,” the affidavit read in part.
INEC’s legal team, however, is challenging the validity of the contempt proceedings, arguing that the application is incompetent and should be struck out.
The court did not entertain substantive arguments on the matter on Wednesday, opting instead to adjourn and ensure proper service on the INEC chairman.
Officials of the NRM, led by Chief Edozie Njoku, were present in court during the proceedings.
Speaking after the adjournment, Njoku expressed optimism that the electoral commission would eventually comply with the court’s directive and recognise the party’s leadership.
With the matter now adjourned to March 10, attention will focus on whether the INEC chairman will appear in person and how the court will address the competing arguments over the alleged disobedience of its earlier mandamus order.