Contempt trial: Court reaffirms arrest order on INEC Chairman

Justice Stephen Pam of the Federal High Court sitting in Abuja, on Wednesday reaffirmed the order on the Police to arrest the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmoud Yakubu and bring him to the court to face his contempt charge.

The court had, last week issued a bench warrant of arrest against the INEC boss following his absence in court for three consecutive adjournments to show cause why he should not be committed to prison for alleged contempt of court.

The matter which was adjourned till yesterday (Wednesday) for continuation of contempt proceedings against Prof. Yakubu could not go on, owing to his absence.

Reaffirming its earlier order of arrest, Justice Pam noted that the matter was slated for continuation yesterday, but unfortunately, counsel to the defendant has informed the court that he did not know the where about of his client, though, he had told the court at the last sitting that the defendant had travelled and would be back on 7 August.

“In the circumstances, the earlier order of bench warrant of arrest issued on 1st August 2018 subsists. The police are hereby ordered to arrest and bring Prof. Mahmoud Yakubu to court on 14, August.”

Earlier, when the matter was called yesterday counsel to INEC’ s Chairman, Chief Adegboyega Awomolo (SAN), told the court that his client has filed another motion challenging the jurisdiction of the court and the validity of the contempt.

He insisted that until the court determines that motion, then there is no valid contempt charge before the court.

He said the condition precedent for criminal trial has not been fulfilled.

Besides, Awomolo drew the attention of a letter dated August 1 to the Chief Judge of the Federal High Court, Justice Abdul Kafarati to disqualify the Judge and transfer the case to another Judge on the account of alleged bias.

Counsel to the plaintiff, Chief Gordy Uche (SAN), however opposed the move for the matter to be adjourned on the ground that there was no basis for that.

He told the court that Chief Adegboyega Awomolo (SAN) has written to the Chief Judge for the disqualification of Justice Pam, the Judge cannot act on that letter because there was no directive from the Chief Judge on the letter.

Uche insisted that until there is a directive from the Chief Judge, the matter must go on. He added that the matter is before a special court that was issued with a fiat to hear the contempt charge within a specific time.

He said since the fiat issued to the Judge to sit as a special court has not been withdrawn, Awomolo’s letter cannot take precedence over the fiat. He urged the court to continue to sit and determine the contempt charge against INEC chief.

Justice Pam agreed with Uche and reaffirmed his order to Police to arrest and produce the INEC Chief in court on August 14, 2018.