By Lubem Gena, Abuja
The Attorney-General of the Federation, Lateef Fagbemi, SAN has been urged to call the Independent National Electoral Commission (INEC) chairman, Prof. Mahmud Yahaya to order.
The call was made by Centre for Credible Leadership & Citizens Awareness (a Coalition of Civil Society Organizations) during a media briefing today in Abuja during which it accused the chairman of contempt of court.
Addressing journalists, the Director General of the Centre, Dr. Gabriel Nwambu, said the call has become necessary in view of the prevailing situation where those who are enjoying positions created by the law tend to neglect judicial pronouncements.
“We at the Centre for Credible Leadership & Citizens Awareness (a Coalition of Civil Society Organizations) have gathered here to call the attention of Nigerians to a disturbing trend, where those who preside over institutions that are created by the law, and are saddled with the responsibility of preserving constitutional order disobey court orders at will.
He emphasised that the current democratic experiment was arrived at after a long and tortuous journey from the state of nature, authoritarianism, totalitarianism, monarchy and finally, therefore, no one is expected to treat it with constitutionality.
“Today, perhaps, the most worrisome issue in Nigeria is the glaring evidence arising from the Judgment of the FCT High Court Bwari which found Prof. Mahmood Yakubu, the Chairman of INEC guilty of the contempt of court.
“Evidently, on November 9, 2023, the Court pronounced its judgment thus: ‘It is well-established in legal jurisprudence that court orders must be obeyed and respected. Parties to litigation are duty-bound to adhere to the directives of the Court.
“Disobedience of court orders undermines the sanctity of the judiciary and the rule of law. The 1st Respondent (Victor Ike Oye) and 2nd Respondent (Prof. Mahmood Yakubu, the Chairman of INEC) have committed contempt by disobeying the subsisting order of this court made on 10/5/2023 and I so hold”, part of the coalition’s text added.
The coalition also noted that, Hon. Justice M.A Madugu stated in a pronouncement that, ‘having established the disobedience of the 1st Respondent and 2nd respondent to the order of this court made on 10/5/2023 and since the purpose of committal proceedings is to ensure that the orders of the Court are upheld and respected, I hereby adopt a lenient view and order that the 1st and 2nd Respondent should purge themselves of contempt within 14 working days effective from today, the 9th day of November, 2023. Case is hereby adjourned till 29/11/2023, to enable the Respondents purge themselves of the contempt or face the wrath of the Law’, the court held.
The rest of the text of it address reads:
“The above extract from the judgment of the court is clear, unambiguous and impeccable. However, our concern is, why didn’t Mahmood explore the 14 Days window offered to him by the Court to purge himself of the contempt of Court.
“This trend is worrisome. Perhaps, this informs why a judge of the Anambra State High Court, Justice Promise Otti, has threatened to stop sitting if the disobedience to her court’s orders continues. Visibly angry when she entered the court on Thursday (25th January, 2024) Justice Otti of High Court 3, Awka Judicial Division, told lawyers and litigants that she had come only to announce that she had decided to stop sitting until proper explanations were given for the non-compliance with orders made by her court.
“…A society in which Court Orders are treated with levity is doomed. It doesn’t matter whom the law favors, therefore, beneficiaries of any court judgment should be protected by the law and supported to enjoy the dividends arising therefrom.
“We call on President Bola Ahmed Tinubu who is the highest beneficiary of Court Judgment, as it stands today in this country, that he is duty bound to stop this impunity. Imagine what it would have been if the Supreme Court Judgment which upheld his election was flouted.
“We call on Chief Lateef Fagbemi, SAN, the Attorney General of the Federation (AGF) and Minister of Justice, as the Chief Law Officer to intervene and prevail on Prof. Yakubu Mahmood to recognize Chief Edozie Njoku as the National Chairman of APGA.
“We call on Mallam Nuhu Ribadu, the National Security Adviser (NSA) to the President to intervene on this matter, because disobedience to court order is an invitation to self-help.
“Finally, we call on Prof. Yakubu Mahmood, the Chairman of the Independent National Electoral Commission (INEC) to obey the Judgement of the FCT High Court Bwari, which clearly stated that Chief Edozie Njoku is the National Chairman of APGA”.
