The Federal High Court in Abuja has struck out a contempt charge seeking to commit the Chairman of the Independent National Electoral Commission INEC, Professor Joash Amupitan, to prison over alleged disobedience to a court order.
Justice Joyce Abdulmalik dismissed the suit on Tuesday after the applicant, Edozie Njoku and his team, failed to diligently prosecute the case in line with legal requirements.
Njoku, who claims to be the National Chairman of the National Rescue Movement NRM, had filed Form 48, asking the court to commit the INEC chairman to Kuje prison for allegedly refusing to monitor the party’s convention.
However, the court noted that the applicant repeatedly failed to personally serve the committal papers on Amupitan, a requirement in contempt proceedings.
Justice Abdulmalik held that it is not the responsibility of the court to assist litigants in serving legal documents, stressing that the duty lies entirely with the applicant.
She explained that contempt proceedings are quasi criminal in nature and require strict compliance with procedural rules, including personal service of Form 48 on the alleged contemnor.
The judge ruled that failure to meet these conditions rendered the application defective, leaving the court with no option but to strike it out.
The court also noted that an earlier order directing INEC to monitor the party’s convention could not be implemented due to the existence of another convention already conducted by the same party.
Reacting to the ruling, the National Chairman of the party, Dr Chinedu Obi, welcomed the decision, describing it as a victory for due process.
Speaking alongside the National Secretary, Alhaji Hassan Aminu Ibrahim, and the National Legal Adviser, Barrister Musa Isiaka, Obi dismissed Njoku’s claim to party leadership, alleging that he is not a recognised member of the party.
“Go to INEC website, you will never seen Njoku’s name there but that of the 14 member National Executive Committee under our leadership and the state chairmen of the party in the country,” he said.
He urged party members nationwide to remain committed, adding that the ruling clears the path for the party’s participation in the 2027 general elections.
