Contempt: Court debunks signing FORM 48 against INEC, 3 others
By: Femi Mustapha
A Federal Capital Territory High Court has denied signing Form 48 against the Independent National Electoral Commission (INEC), and some of its principals.
This was contained in a letter from the Hon. Judge, Chamber, Hon. Justice E. Enenche, and signed by the Principal Registrar 1 Shehu Suleiman.
The letter dated 8th August 2023 with reference number: Suit No. FCT/HC/CV/174/2022 Chief UZEWURU NWACHUKUWU VS. KENNETH Udeze’s, ACTION ALLIANCE (AA), INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC), FORM 48 S.C.P.A (ORDER IX, RULE 13).
The letter reads “NOTICE OF consequences of disobedience to order of court filled on the 3rd day of August 2023 and signed on the 7th day of August 2023.
“I am directed by his Lordship to inform your Authority that the above Form was not signed by the registrar of this Court or emanated thereof from this Court
“And note also that no request, letter, or order in respect of this suit with appeal No. Ca/AbJ/526/2022 shall be treated as authentic except from the order of the court of appeal or otherwise by the registrar of this court. (After the decision before the court of appeal therein)”
It would be recalled that Kenneth Udeze had brandished an order purporting to be signed by the court and threatened to initiate legal action against the Independent National Electoral Commission (INEC) if the commission fails to obey court orders.
Udeze had alleged that he approached the High Court of the Federal Capital Territory, Abuja, to obtain form 48 against INEc and its chairman, Prof Mahmoud Yakubu.
Udeze also joined the INEC Director in charge of Political party monitoring and Liaison, Mr Aminu Idris and the Director in charge of Litigation and Prosecution, Dr Tanimu Mohammed in the suit marked FCT/HC/CV/174/2022.
The form 48 obtained by Udeze, which the FCT Court has denied signing was obtained by our correspondent reads “Take notice that unless you obey the directions contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison for contempt of court”
Udeze who claimed to be the national chairman of the Action Alliance (AA) had since been suspended and subsequently expelled from the party by the National Think Thank Committee of the party for various offences.
In different courts of competent jurisdictions, including the Ogun State High Court sitting in Abeokuta, the Federal High Court sitting in Abuja and the Court of Appeal, Abuja division, Udeze had lost legal battles to return to the party.
INEC had recently given recognition to Dr Adekunle Rufai Omoaje as the authentic national chairman of the Action Alliance and also insert his name on the commission’s website.
Udeze also joined the INEC Director in charge of Political party monitoring and Liaison, Mr Aminu Idris, and the Director in charge of Litigation and Prosecution, Dr Tanimu Mohammed in the suit.