A Federal High Court in Abuja has ordered substituted service on the Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, of all documents relating to a contempt proceeding initiated against him by one of the nation’s political parties, the National Rescue Movement (NRM).

In a ruling on Tuesday, Justice Obiora Egwuatu granted leave to NRM to serve the Form 48 (notice of the consequence of disobedience of a court order) and all other documents on the INEC Chairman by delivering them to any staff of the commission at its national headquarters in Abuja.

Justice Egwuatu ordered the NRM to ensure that the name of the person who received the documents on behalf of Prof. Yakubu is disclosed in the affidavit of service to be filed in the court later.

The judge adjourned till July 15 for mention.

The ruling was on an ex parte motion moved on Tuesday by NRM’s lawyer, Oladimeji Ekengba, who claimed that INEC and Prof. Yakubu failed to comply with an order of mandamus made by the court on March 5, directing them to accept the outcome of an emergency national convention that produced Chief Edozie Njoku as the National Chairman of the NRM.

Ekengba said the essence of the emergency national convention, held on January 17, was to fill existing vacancy and correct the lopsidedness in the National Executive Committee (NEC) of the NRM.

He said the NRM requests that the court’s Registrar issue Form 48 to be served on INEC Chairman in order for him to show a cause why he should not be committed to prison for failing to comply with the court’s judgment.

Ekengba said his client resorted to substituted service on realising that it would be impossible to hand the processes to him personally.

“I know that the bailiff of this court will not be able to serve the Chairman of the respondent/judgement debtor (INEC) the Form 48 personally as the respondent only receive processes (court documents) at the gate at a designated registry at Plot 430, Zambezi Crescent Off Aguiyi Ironsi Street Maitama Abuja.

“The judgment debtor/respondent’s Chairman has put in place numerous protocols and the bailiff of this court will not be able to serve him the Form 48 issued by this honourable court

“From the disposition of the judgment debtor/respondent, it is practically impossible to serve its Chairman with the Form 48 personally as required by law.”

In a protest letter earlier sent to Prof. Yakuubu by the party’s lawyer, Joe Agi (SAN), NRM said Njoku and other members of its NEC were elected on January 17, 2025, at the emergency national convention of the party held in Abuja.

It added that since the emergence of Chief Njoku as the National Chairman of NRM, INEC and its Chairman have allegedly refused to recognise him and the NEC members as leaders of the party despite a subsisting order of the Federal High Court, directing INEC to recognise them.

On January 16 Justice Emeka Nwite of the Federal High Court, Abuja issued an order mandating INEC to “monitor and accept” the outcome of NRM’s emergency convention held on January 17.

Following delay by INEC to recognise the leadership that emerged from the January 17 convention, the NRM went back to court and, on March 5, Justice Egwuatu issued the order of mandamus, compelling INEC and its Chairman to recognise the Chief Njoku-led NEC of the party. (The Nation)