The Federal High Court sitting in Osogbo, Osun State, has ordered the Inspector General of Police, Mr Kayode Egbetokun to arrest the Chairman, Independent National Electoral Commission (INEC), Prof Mahmoud Yakubu for contempt and disobedience to court orders delivered in the matter involving the Action Alliance (AA) and INEC.
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The court presided over by Justice Funmilola Demi-Ajayi held that Yakubu and INEC erred by refusing to honour its earlier judgment, which directed both INEC and its National Chairman to recognise all the state chairmen elected under the Adekunle Rufai Omoaje led National Executive Committee (NEC) of the party.
The Action Alliance had, through its counsel, Mr K.O Etibo, applied for Form 48 and Form 49, even as it sought his (Yakubu) committal to prison over flagrant disobedience of the orders of the court.
Justice Demi-Ajayi in her ruling delivered yesterday also awarded a cost of N100,000 against the INEC chairman.
The court gave seven days ultimatum to INEC and its chairman to restore the names of all the chairmen elected under the leadership of Omoaje to the commission’s portal or face arrest by the police.
The judge maintained that the national convention that produced Omoaje as the National chairman of the party and other members of the National Executive Committee (NEC) at the Olusegun Obasanjo presidential library, Abeokuta, Ogun State, was valid as it was monitored by INEC officials and in line with the constitution of the party and Electoral Act.
In another development, Justice Demi-Ajayi has ordered the INEC to stop further recognition of Mr Kenneth Udeze as the National Chairman of the AA.
This is even as the court faulted the convention that produced Udeze as the National Chairman of the AA and ordered the cancellation of the convention that produced him and other members of his National Executive Committee (NEC).
The court held that the elective convention held at the Olusegun Obasanjo Presidential Library, Abeokuta, which produced Omoaje as the National Chairman of the party was valid, and thereby, ordered INEC to give proper recognition to Omoaje and other NEC members elected at the convention.
Delivering her judgement in the case instituted by the AA against INEC and its national chairman, Prof Mahmoud Yakubu, Justice Demi-Ajayi noted that the convention that produced Omoaje was duly monitored by INEC officials in line with the party’s constitution and thereby directed that Omoaje be given due recognition as AA national chairman by INEC.
Besides, the court awarded a cost of N100,000 against INEC.
The court also ordered INEC to replace the name of Udeze with that of Omoaje on its portal without any delay.
The court held that it has the jurisdiction to hear the matter as against the position of the defendant, saying that the argument of the defence counsel was lacking in merit, and therefore, overruled and dismissed it.
The court posited that the party’s elective convention held on October 7, 2023 in Abeokuta still subsists, declaring that any other convention of the party was invalid.
Justice Demi-Ajayi also affirmed the suspension and subsequent expulsion of Udeze, who was being recognised as the national chairman of the AA by INEC.
According to the court, Udeze “was not and can not be in a position to communicate with INEC in the capacity of the national chairman of the AA, having been expelled from the party.
“The arbitrariness and recklessness of the defendant (INEC) shown by recognising Udeze as the national chairman of INEC is unexpected and the action of INEC is capable of causing official rascality,” the court held.
The court added that, “Udeze does not have the power to authorise legal representation on behalf of AA having been expelled from the party.
“INEC ought not to have taken instructions from Udeze but it contradicted itself in carrying out its constitutional duties. The contradiction by INEC shows lack of consistency on its part,” the court submitted.
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