- Threatens to order his arrest if he shuns court on Thursday
By Tobi Soniyi
A Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) and its Chairman, Prof Mahmood Yakubu, to appear before it to answer to contempt proceedings pending against them.
Justice John Tsoho gave the order on Monday while ruling on arguments on whether or not the physical presence of INEC and its Chairman was necessary for the court to determine the contempt proceedings initiated against them by Ejike Oguebego and Chuks Okoye – Chairman and Legal Adviser of the Peoples Democratic Party (PDP), Anambra State.
The judge rejected the argument by lawyer to INEC and Yakubu, Chief Adegboyega Awomolo (SAN) to the effect that the nature of the contempt proceedings against his clients was civil and could be determined without their physical presence.
Justice Tsoho said whether civil or criminal, contempt proceedings were always quasi-criminal, which required the physical presence of the alleged contemnor in court for him/her to be heard on whether or not the order of committal should be made.
Relying on the provisions of Order 9, Rule 14 of the Judgment Enforcement Rules, Justice Tsoho said it was the duty of the court’s Registrar to issue and serve Forms 48 and 49 on a party in disobedience of a court’s order for him/her to attend court, failing which a bench warrant might be issued against him/her to attend court and show cause why they should not be jailed.
“I hold that the alleged contemnors are under obligation to appear before this court to show cause why an order of committal should not be made against them,” the judge said.
Justice Tsoho, who specifically directed the alleged contemnors to present themselves in court on Thursday, July 7, said a bench warrant would be issued for their arrest should they refuse to attend court on the next adjourned day.
Further details later
