Court Strikes Out Contempt Charge Against INEC Chairman Over Improper Service

The Federal High Court in Abuja has dismissed a contempt charge filed against the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan (SAN), due to improper service of court documents.

Justice Joyce Abdulmalik ruled that the applicant failed to personally serve the defendant, a legal requirement in contempt proceedings, which are considered quasi-criminal in nature.

The case stemmed from an earlier judgment delivered on March 5, 2025, by Justice Egwuatu in Suit No. FHC/ABJ/CS/45/2025, which directed INEC to recognize the Edozie Njoku-led faction as the legitimate leadership of the National Rescue Movement (NRM). Following INEC’s alleged refusal to comply with the ruling, the NRM initiated contempt proceedings against the then INEC Chairman, Professor Mahmoud Yakubu, by filing Forms 48 and 49.

INEC, however, challenged the court’s jurisdiction, arguing that the alleged contempt did not occur in the face of the court and should not be handled by Justice Egwuatu. Subsequently, Justice Egwuatu recused himself from the matter and returned the case file to the Chief Judge of the Federal High Court, Justice John Tsoho, who reassigned it to Justice Abdulmalik.

At the resumed hearing, the court had directed that the INEC Chairman be personally served and adjourned the case for confirmation. However, due to the applicant’s failure to comply, Justice Abdulmalik struck out the suit, noting that the court had no option given the circumstances.

Reacting to the ruling, factional NRM National Chairman, Chinedu Obi, welcomed the decision and questioned the legitimacy of the Njoku-led faction. He maintained that only the leadership recognized on INEC’s official platform is valid.

Obi urged party members nationwide to remain united and committed, adding that the ruling clears the way for the party’s full participation in the 2027 general elections.

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