The Federal High Court sitting in Abuja has struck out a contempt charge seeking to commit the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, SAN to prison for alleged disobedience to court order.
The trial judge, Justice Joyce Abdulmalik struck out the suit on Tuesday, following the failure of the applicant, Chief Edozie Njoku and his team to diligently prosecute the charge as required by law.
Chief Njoku, who claimed to be the national chairman of the National Rescue Movement (NRM), a political party in Nigeria filed form 48 against the INEC boss praying the court to commit him to Kuje prison in Abuja for alleged refusal to monitor the national convention of the party.
However, following the persistent failure of Njoku to serve the committal proceeding papers on Amupitan in person, Justice Abdulmalik invoked the provisions of the law to throw away the request.
The judge said it was not the duty of the court to help any litigant in serving court process on any defendant but the entire duty of the applicant in such a matter.
She held that since contempt charge is semi criminal in nature, the form 48 must be served on the alleged contemnor in person adding that where the applicant failed to do the needful to help its own case, the charge would be liable to be struck out as the only option for the court and subsequently struck out the bid by Njoku against the INEC chairman.
Justice Obiora Egwuatu, also of the Federal High Court in Abuja was said to have issued an order to INEC to monitor the party’s convention but which could not be carried out because similar convention of the same party had just been conducted.
Reacting to the judgement, the national chairman of the party, Dr Chinedu Obi commended the decision of the court in striking out the contempt charge against Amupitan.
Obi who spoke newsmen in company of the national secretary, Alhaji Hassan Aminu Ibrahim and the national legal adviser of the party, Barr. Musa Isiaka maintained that Njoku was never a member of the party but acted like a forum shopper to hijack the party from the original owners.
“Go to INEC website, you will never see Njoku’s name there but that of the 14-member National Executive Committee (NEC) under our leadership and the state chairmen of the party in the country”, he said and charged members of the party across the country to be resolute and committed to the course of the party.
Obi said, with the striking out of Njoku’s contempt charge against INEC chairman, the coast has become clear for effective participation in the 2027 general elections.
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