The Federal High Court in Abuja has directed the Chairman of the Independent National Electoral Commission, Independent National Electoral Commission, Prof. Joash Amupitan (SAN), to personally appear before it on March 10 over a contempt allegation filed by the National Rescue Mission.
Justice Obiora Egwuatu issued the order on Wednesday after INEC’s counsel, M.S. Bawa, requested an adjournment to enable the commission’s chairman to attend proceedings.
Bawa informed the court that Amupitan was absent due to an emergency and disclosed that the commission had filed a counter-affidavit challenging the validity of the contempt application.
“The chairman was unable to be present today because of an emergency,” Bawa told the court, adding that the defence had asked the court to dismiss the contempt proceedings for being incompetent.
However, counsel to the NRM, Oladimeji Ekengba, maintained that contempt proceedings required the physical presence of the alleged contemnor.
“My Lord, this is a contempt charge that requires the defendant to be present in the dock while proceedings are ongoing. We are concerned about his absence today,” Ekengba argued.
Following submissions from both parties, Justice Egwuatu adjourned the matter to March 10 and ordered that a fresh hearing notice be served on the INEC chairman. The court had earlier granted permission for substituted service of the contempt processes.
Specifically, the judge directed that Form 48 — a notice warning of the consequences of disobeying a court order — be served on the chairman through any staff member at INEC’s national headquarters.
The contempt application stems from an ex parte motion filed by the NRM, which alleged that INEC failed to comply with a mandamus order delivered on March 5, 2025.
The order reportedly directed the commission to recognise the outcome of the party’s emergency convention held on January 17, 2025, which produced an executive committee led by Chief Edozie Njoku.
In its supporting affidavit, the NRM stated that INEC was fully aware of both the convention and the court’s judgment, noting that the commission’s counsel was present when the ruling was delivered.
The party further claimed that despite being served with the enrolled order, the commission had not complied.
“To uphold the authority of this Honourable Court and in the interest of justice, Form 48 was issued to compel the respondent to show cause why he should not be committed for failing to obey the court’s directive,” part of the affidavit stated.
National officers of the party, led by Chief Edozie Njoku, were present during the proceedings.
Speaking with journalists after the adjournment, Njoku expressed confidence that the INEC chairman would respect the subsisting court judgment.
“We believe the chairman will comply with the decision of the court by recognising the leadership of our party as affirmed by the judgment,” he said.
The case was adjourned to March 10 for the chairman’s appearance and further hearing on the contempt charge.
