Drama In Court: Judge Orders Substituted Service On INEC Chairman Over Contempt Case

A Federal High Court in Abuja has approved a request for substituted service of Form 48—notice of contempt proceedings—on the Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu.

The decision, delivered on Tuesday by Justice Obiora Egwuatu, came in response to an ex parte motion filed by the National Rescue Mission (NRM), which accused INEC and its chairman of ignoring a valid court order earlier this year.

Representing the NRM, lead counsel Mr. Oladimeji Ekengba told the court that INEC had failed to obey a judgment issued on March 5, 2025. That ruling directed the commission to acknowledge the outcome of the party’s emergency national convention held on January 17, where a new leadership led by Chief Edozie Njoku was elected to address what the party described as imbalances in its National Executive Committee.

“INEC was present in court during the delivery of the judgment and was duly served the enrolled order, yet has refused to comply,” Ekengba argued.

In a sworn affidavit by Mr. Adebayo Wasiu, the NRM explained that multiple attempts to personally serve Prof. Yakubu were unsuccessful due to the heavy security protocols surrounding his office. The affidavit noted that INEC only receives legal documents through a designated registry at its gate.

The party, therefore, sought permission for substituted service, asking the court to allow delivery of the contempt notice to any INEC official at the commission’s headquarters at Plot 430, Zambezi Crescent, Maitama, Abuja.

Granting the request, Justice Egwuatu ordered that the notice be served via substituted means.

“The substituted service shall be carried out by delivering the process to any INEC official at its headquarters,” he ruled.

The judge also instructed the applicant to submit an affidavit of service indicating the identity of the staff member who received the document.