The Federal High Court in Abuja has dismissed a contempt charge aimed at committing the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, to prison.
The legal move to jail the INEC boss was initiated over an alleged failure to obey a court order, but the presiding judge ruled that the case lacked the necessary legal diligence to proceed.
Justice Joyce Abdulmalik, who presided over the matter on Tuesday, struck out the suit after observing that the applicant, Chief Edozie Njoku, and his legal team failed to properly prosecute the charge as required by law.
Njoku, who identified himself as the National Chairman of the National Rescue Movement (NRM), had filed Form 48 against the INEC Chairman.
He sought to have Amupitan committed to the Kuje Correctional Centre for allegedly refusing to monitor a convention organized by his faction of the party.
In her ruling, Justice Abdulmalik highlighted a significant procedural flaw, noting that Njoku consistently failed to personally serve the committal proceeding papers on the INEC Chairman.
The judge clarified that it is not the responsibility of the court to assist a litigant in serving court processes on a defendant.
She emphasized that because contempt proceedings are quasi-criminal in nature, the law demands that the Form 48 be served on the alleged contemnor in person.
Consequently, the judge held that since the applicant failed to follow this essential procedure, striking out the case was the only viable option for the court.
Further details emerged regarding an earlier order issued by Justice Obiora Egwuatu of the same Federal High Court, which reportedly directed INEC to monitor the party’s convention.
However, the commission could not execute this because another convention for the same party had already been conducted.
Reacting to the court’s decision, the National Chairman of the NRM, Dr. Chinedu Obi, expressed satisfaction with the dismissal of the suit.
Speaking to reporters alongside National Secretary Alhaji Hassan Aminu Ibrahim and National Legal Adviser Musa Isiaka, Obi dismissed Njoku’s claims. He characterized the applicant as a “forum shopper” who was attempting to hijack the party leadership despite not being a member.
Dr. Obi pointed out that the INEC website clearly recognizes the 14-member National Executive Committee under his leadership, as well as the various state chairmen across the country.
He urged party members to remain steadfast and committed, noting that the court’s victory clears the path for the party to focus on the 2027 general elections.
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