Justice Stephen Pam made the order of arrest following Yakubu’s absence from the Wednesday’s proceedings in defiance to the court’s repeated summonses.
The court had summoned him to appear in court to defend the contempt suit instituted against him by an acclaimed Chairman of the Peoples Democratic Party in Anambra State, Ejike Oguebego.
Yakubu’s lawyer, Chief Adegboyega Awomolo (SAN), had informed the judge on Wednesday that his client was absent from court because he was leading a team of electoral officers from the Economic Community of West African States to Mali.
But Justice Pam noted that he could no longer tolerate Yakubu’s continued absence, having on three occasions refused to honour the court’s summonses.
The judge ruled that the INEC chairman’s excuse of attending an assignment in Mali was not tenable.
Justice Pam said the court would not fold its hands and be turned into a toothless dog by the defendant.
The court expressed sadness that Yakubu and INEC chose “not to obey the order of this court in respect of this contempt charge.”
“The contempt of the alleged contemnor to this court can no longer be tolerated and he should not be allowed to continue to take the court for a ride,” he ruled.
The judge ordered that INEC chairman be arrested for his continued absence from court.
He then adjourned till August 8.
Oguebego had filed the contempt suit against INEC and its chairman for their refusal to recognise him as the PDP chairman in Anambra State in compliance with the Supreme Court judgment of December 2014.
He had prayed the court to commit the INEC chief to prison for disregarding the judgment of the apex court.
Oguebego added that contrary to the Supreme Court’s judgment, both INEC and its chairman had been dealing with another faction of the PDP in Anambra State.
However, in their joint defence, the alleged contemnors claimed that Yakubu was not the INEC chairman against whom the order was made in 2014.
Earlier, Awomolo had filed a motion asking the judge to stay proceedings on the grounds that an appeal had been filed to challenge the court’s summonses.
The motion was struck out by Justice Pam.
However, Yakubu has filed an appeal before the Abuja Division of the Court of Appeal challenging the warrant of arrest issued against him by the Federal High Court in Abuja on Wednesday. Yakubu, through his counsel, Chief Adegboyega Awomolo (SAN), filed a six-ground notice of appeal on Wednesday.
But the INEC chairman contended in his notice of appeal that the Federal High Court denied him a fair hearing as there was no evidence that the court’s order summoning him was enrolled and served on him by the court’s bailiff.
The INEC chairman also contended in another grounds of appeal that the court erred in law when it ordered that a bench warrant be issued for his arrest for allegedly not obeying the order of the court “when the conditions necessary to warrant the issuance of bench warrant have not been satisfied.”
His counsel argued, “No order was enrolled and served on Professor Mahmood Yakubu for his personal appearance in court.
“The court did not give Professor Yakubu or his counsel opportunity to explain his absence in court and why the Bench warrant should not be issued.”
Punch
