INEC Chairman, Yakubu challenges Court decision to arrest him

The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmoud Yakubu on Thursday filed a notice of appeal at Court of Appeal, Abuja Division challenging the decision of the Federal High Court which on Wednesday issued a bench warrant for his arrest for disobeying court orders.

Justice Stephen Pam on Wednesday issued a bench warrant for Prof. Yakubu’s arrest following his failure to appear before the court on three occasions to defend himself in a contempt charge brought against him by the Anambra State PDP.

In his notice of appeal filed by his lead counsel, Chief Adegboyega Awomolo (SAN), the INEC boss claimed that Justice Pam erred in law when he made the order for his arrest because he had already filed an appeal challenging the ruling and the court earlier order that gave rise to Wednesday’s order. And that his lawyer also drew attention of the judge to the pending appeal.

Besides, he claims that up till Thursday, no order was enrolled and served on him for his personal appearance in court as required by law.

He further averred that the warrant of arrest against him should be declare a nullity because none of the parties in the contempt case had applied for issuance of bench warrant.

The INEC chief maintained that he had not disobeyed any court order because he was not present before the court when the alleged order directing his personal presence was made and that the judge who issued the order has no jurisdiction to punish him for the alleged disobedience of court order committed ex-facie curie (outside the court).

Yakubu in the notice of appeal predicated on five grounds also stated that the Federal High Court Judge was wrong to be a judge of his own order allegedly not obeyed outside the face of the court.

He maintained that he was no longer a contemnor at the Federal High Court under the strength of his appeal lodged at the Court of Appeal challenging the justification of the contempt charge against him.

Further, he maintained that the order is a miscarriage of justice, as the judge unilaterally struck out a motion on notice he filed on July 31 praying his court to adjourn the contempt charge against him pending the determination of his appeal on the contempt charge at the Court of Appeal.

He insisted that the trial court breached section 36 of the 1999 constitution by striking out his motion without hearing it, thereby denying him his right to fair hearing in the determination on merit of his application.

He therefore prayed the Court of Appeal for an order setting aside the entire ruling of the court delivered on August 1, during which a bench warrant for his arrest was issued.

Yakubu also prayed for an order of the appellate court remitting the contempt charge marked FHC/ABJ/CS/854/2015 back to the Chief Judge of the Federal High Court for reassignment to another judge of the court for hearing and determination of the matter, on the grounds that Justice Pam had exhibited patent bias against him in his handling of the matter.

Date has not been fixed for hearing of the appeal.