Committal hearing against INEC chairman for Friday

The party alleged Yakubu refused to recognise its leader Henry Nwabueze as Acting National Chairman.

The case will come up for hearing before Justice Ayokunle Faji Friday.

YDP filed Form 49 against the alleged contemnor inviting him to appear and show cause why he should not be sent to prison for refusing to comply with a November 29, 2018 judgment by Justice Faji.

The Form 49 reads: “Take notice that the defendant will on a date as approved by the Court apply for an order for your committal to prison for having disobeyed the judgment of the Federal High Court by Justice A.O. Faji made on 29th November 2018 enjoining you to recognise the second defendant as the Acting National Chairman, Hon. Henry Nwabueze, of the Young Democratic Party and thereby neglected to obey the said judgment”.

Relying on the case of John Ebhodaghe vs Mike Okoye, the applicant’s counsel Yemi Akinyeme said an order of committal against Yakubu would be proper and deserving given that he was granted adequate notice to comply with the order.

Quoting former Supreme Court Justice, the late Niki Tobi, the lawyer said obedience to orders of court is fundamental to the good order, peace and stability of the nation.

He, therefore, asked the court to cite the INEC chairman for contempt as provided by Order 35 Rule1 (2) (b) of the Civil Procedure Rules of the court.

The applicant’s counsel further cited Section 72 of the Sheriff’s and Civil Process Act: “If a person refuses or neglects to comply with an order of court made against him other than for payment of money, the court instead of dealing with him as a judgment debtor guilty of the misconduct defined in paragraph F of Section 66 of the Act, may order that he be committed to prison and detained in custody until he has obeyed the order.”