The Peoples Democratic Party, PDP, has initiated contempt proceeding against Chairman of the Independent National Electoral Commission, INEC, Prof. Mahmood Yakubu, over his alleged refusal to in line with judgment of the Supreme Court, recognise the Ejike Oguebego -led leadership of the party in Anambra State. INEC boss, Mahmood Yakubu The notice of consequences of disobedience to court order, otherwise known as Form 48, was lodged against the INEC boss before the Abuja Division of the Federal High Court.

Equally joined as respondents in the suit were INEC Secretary, Mrs. Augusta Ogakwu and the Director of Legal Services, Mr. Ibrahim K. Bawa, SAN. It will be recalled that the Supreme Court had in a judgment it delivered last month, resolved the protracted leadership crisis that rocked the PDP in Anambra State. The apex court, in a judgment by a seven-man panel of Justices, recognised the Oguebego-led faction of the PDP as the authentic State Executive Committee of the party.

Meantime, in the contempt charge, PDP warned that unless the respondents obeyed the court order on the authenticity of the Anambra State Executive Committee led by Oguebego, they will be guilty of contempt of court and will be liable to be committed to prison for two years. The notice dated February 18, 2016, and signed by the Registrar, Federal High Court Registry, read in part: “Unless you obey the directions contained in the order of the Honourable Court attached to this Form (in particular the 5thOrder restraining you from acting on list of nominated candidates except those that emanate from Plaintiffs), you will be guilty of Contempt of Court, and you will be liable to be committed to prison”.

The INEC chiefs were alleged to have refused to stop giving recognition to the list of candidates nominated for the 2015 general elections in Anambra State by a group already declared illegal and unlawful by both the Federal High Court in 2014 and the Supreme Court last month. Plaintiffs in the court action are Hon. Ejike Oguebego and Hon. Chuks Okoye, the chairman and legal adviser of the PDP exco in Anambra State respectively, who on behalf of themselves and other members of the exco challenged their unlawful dissolution and the setting up of the care taker committee of one Chukwudi Okasia by PDP National Secretariat.

Justice Evoh Chukwu of the Federal High Court had in December 5, 2014, granted order of “perpetual injunction restraining PDP and its agents, privies, assigns and officials, whatsoever name they may be called, from forwarding, sending or submitting to INEC any delegates list or nominated candidates that may emerge from the congresses or primaries conducted by the purported caretaker committee set up by PDP Anambra State Chapter except those that emanate from the Plaintiff’s congress and primaries election”.

The Judge also granted order of perpetual injunction against the INEC, its agents, servants, privies, assigns, officials whatsoever name they may be called, from accepting or receiving any delegate list or nominated candidates that may emerge from the congresses or primaries conducted by the caretaker committee set up by the PDP Anambra State Chapter except those that emanate from the Plaintiff’s.

The Court had set aside the caretaker committee set up by PDP for Anambra State on the ground that the action of the party was in flagrant disobedience and in contempt of the order made by Justice Chukwu and re-affirmed in the Suit No: FHC/ABJ/CS/680/2014 involving Mr. Ken Emeakayi Vs PDP. The decision of the Federal High Court was affirmed by the Supreme Court in the judgment delivered by Justice John Inyang Okoro. By implication, the current National Assembly and State Assembly Members from the state may relinquish their seats having been nominated for the 2015 general election by the caretaker committee that was declared illegal and unlawful by both the Federal High Court and the apex court.

Prominent among the senators that may be caught in the execution of the judgment are former presidential aide, Mr. Andy Uba and former Minister of Aviation, Princess Stella Odua, as well as nine other members of the House of Representatives from Anambra State.

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