The Federal High Court in Abuja has struck out a contempt charge seeking to commit the Chairman of the Independent National Electoral Commission, INEC, Professor Joash Amupitan to prison for alleged flagrant disobedience to the order of court.
Justice Joyce Abdulmalik struck out the suit on Tuesday following the failure of the applicant, Edozie Njoku and his team to diligently prosecute the charge as required by law.
One Chief Edozie Njoku who claimed to be National Chairman of the National Rescue Movement, NRM, a political party in the country filed form 48 against the INEC boss, praying the court to commit him to Kuje prison for alleged refusal to monitor the convention of the party.
However, following the persistent failure of Njoku to serve the Committal proceeding papers on Amupitan’s person, Justice Abdulmalik invoked the provisions of the law to throw away the request.
Justice Abdulmalik 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.
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 as the only option for the court.
She subsequent 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 it could not be carried out, as a similar convention of the same party had just been conducted.
Reacting to the court decision, 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, Barrister 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 seen 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 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.
