A Federal High Court in Abuja has told the National Rescue Movement it can serve court documents on the Chairman of the Independent National Electoral Commission, Mahmood Yakubu, through someone else.
Justice Obiora Egwuatu made the ruling on Tuesday.
He said the documents, including Form 48 (which warns about disobeying a court order), should be given to any INEC staff member at its headquarters in Abuja.
He ordered that the name of whoever receives the documents must be written in an affidavit and filed in court.
This ruling followed a request from NRM’s lawyer, Oladimeji Ekengba, who said INEC and Yakubu ignored a court order from March 5.
That order had directed them to accept the outcome of the party’s emergency convention held on January 17, where Chief Edozie Njoku was elected National Chairman.
Ekengba said it had become almost impossible to serve the INEC chairman directly.
“The judgment debtor/respondent’s chairman has implemented numerous protocols, making it practically impossible for the bailiff to serve him personally,” Ekengba told the court.
He also explained that INEC only accepts legal documents at a designated registry near its Abuja office gates.
Earlier, NRM’s lawyer, Joe Agi, had written to Yakubu, reminding him that the court had already ordered INEC to recognise the new party leadership.
On January 16, Justice Emeka Nwite had ordered INEC to monitor and accept the January 17 convention.
But since INEC had not complied, the party returned to court, which led to the current contempt proceeding.
Justice Egwuatu adjourned the case until July 15.
