The Federal High Court in Abuja has formally served the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, with a notice of contempt proceeding, following a suit initiated by the National Rescue Mission (NRM).
The contempt notice, known as Form 48, was delivered by a court bailiff, Ayuba Sule, at the commission’s headquarters in Abuja, in compliance with a ruling issued by Justice Obiora Egwuatu on June 17.
Form 48 serves as a formal notice warning of the legal consequences of defying a valid court order. Its delivery marks the initial phase of contempt and committal proceedings.
The court had ordered that service be carried out via substituted means, allowing the bailiff to deliver the documents to any staff member at INEC rather than to the chairman in person.
According to a statement by the NRM’s National Publicity Secretary, Mr. Anselem Chinedu Nebeife, officials at INEC’s national headquarters initially resisted the service.
The bailiff reportedly attempted to deliver the documents directly to Prof. Yakubu’s office, where he was asked to identify himself. After presenting his ID and revealing the contents of the documents, INEC staff refused to accept them and directed him to the legal department.
However, the encounter at the legal department was equally uncooperative. A staff member briefly glanced through the papers before hastily returning them to the bailiff. Frustrated by the repeated refusals, Sule ultimately dropped the documents in front of the legal department and departed.
The contempt proceeding stems from INEC’s alleged refusal to comply with a March 5 court order compelling it to recognize the outcomes of an emergency convention held by the NRM on January 17, 2025. That convention reportedly resulted in the emergence of a new executive leadership under Chief Edozie Njoku, intended to address internal party restructuring and fill key vacancies in the National Executive Committee (NEC).
The NRM’s legal counsel, Mr. Oladimeji Ekengba, argued in an ex parte motion that despite being fully aware of the court’s ruling—and despite the fact that INEC’s own counsel, M.A. Bawa, was present in court when the decision was delivered—the electoral body failed to adhere to the directive. Ekengba emphasized that the judgment had even been officially served to INEC as an enrolled order.
He further warned that the commission’s failure to comply risks undermining the authority of the judiciary. To avoid the impression that the court’s orders are ineffective, he requested the issuance of Form 48 as a step toward holding the INEC chairman accountable.
Supporting the motion, the NRM filed an affidavit deposed to by Mr. Adebayo Wasiu, highlighting the obstacles encountered in trying to personally serve Prof. Yakubu. The affidavit stated that the Chairman’s office enforces a strict protocol that makes direct access nearly impossible. It added that all legal processes are received at a designated drop-off point outside the commission’s gate at its Maitama headquarters.
The court accepted the difficulty of effecting personal service and granted permission for substituted service. Accordingly, the bailiff’s action of leaving the documents at the legal department satisfies the requirement under the law.
The matter is scheduled for further mention on July 15, when the court is expected to consider the progress of the proceedings and potentially determine whether Prof. Yakubu will be compelled to appear in person.
What You Should Know
INEC Chairman Mahmood Yakubu is facing contempt charges for allegedly defying a court order recognizing a new leadership in the National Rescue Mission party. A court bailiff served him a contempt notice (Form 48) via substituted means after direct service proved impossible. The case is set to continue on July 15.
