Court Strikes Out Contempt Suit Against INEC Chairman Over Alleged Disobedience

Federal High Court strikes out contempt suit against INEC chairman after applicant fails to personally serve required court documents.

The Federal High Court in Abuja has struck out a contempt of court charge against the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, SAN.

Justice Joyce Abdulmalik struck out the suit on the grounds that the applicant failed to personally serve the court documents on the defendant, as required by law.

It would be recalled that Justice Egwuatu had in a judgement delivered on March 5, 2025 in Suit No. FHC/ABJ/CS/45/2025, ordered INEC to recognise the Edozie Njoku-led committee as the national leadership of the NRM.

Following refusal of the commission to obey the order of the court, the NRM subsequently initiated contempt proceedings against the then INEC chairman, Prof Mahmoud Yakubu, by the filing of Forms 48 and 49.

However, INEC at the proceedings of last month had challenged the jurisdiction of the court to hear the matter, arguing that the court of Justice Egwuatu was not the proper court to hear the alleged contempt since it was not made in the face of the court.

Egwuatu in a ruling last month subsequently recused himself from the proceedings, returned the case file to the Chief Judge of the Federal High Court, Justice John Tsoho, who subsequently re-assigned the matter to Abdulmalik.

At the hearing of the matter last week, Justice Abdulmalik held that the suit must be personally served on Amupitan, and adjourned till Tuesday, for report of service, but when the matter was called, following the inability of the applicant to personally serve the INEC boss, the court subsequently struck out the suit.

The judge 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.

Reacting to the development, factional National Chairman of the NRM, Chinedu Obi, commended the decision of the court in striking out the contempt charge against Amupitan.

Obi who spoke with journalists in company of the factional National Secretary, Alhaji Hassan Ibrahim and the National Legal Adviser, Barrister Musa Isiaka, challenged the authenticity of the Njoku-led faction leadership.

“Go to INEC website, you will never see Njoku’s name there but that of the 14- member National Executive Committee under our leadership and the state chairmen of the party in the country.”

He charged members of the party across the country to be resolute and committed to the course of the party.

Obi said that 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.