The National Rescue Movement (NRM) has expressed delight about the decision by a Federal High Court in Abuja to strike out a contempt case filed against the National Chairman of the Independent National Electoral Commission (INEC), Prof Joash Amupitan (SAN).
The party’s factional National Chairman, Dr Chinedu Obi, while speaking in Abuja, commended the decision of court, adding that it was the most appropriate thing to do in the circumstances of the case.
Obi claimed that the leader of a faction of the party, Edozie Njoku, who instituted the contempt case, was never a member of the party, but allegedly attempted to hijack the party from the original owners.
He said, “Go to INEC website, you will never see Njoku’s name there but you will see the names of members of the 14-member National Executive Committee (NEC) under our leadership and the state chairmen of the party in the country”
Obi urged members of the NRM across the country to remain resolute and committed to the course of the party.
Obi noted that with the striking out of the contempt case against the INEC Chairman, the coast was now clear for his party to effectively participate in the 2027 general elections.
Justice Joyce Abdulmalik of the Federal High Court in Abuja had, in a ruling on April 21, struck out a contempt case brought against Amupitan over INEC’s alleged failure to comply with an order of the court.
Justice Abdulmalik struck out the case on the grounds Gfollowing the failure of the applicant, Edozie Njoku and his team to diligently prosecute the charge as required by law.
The NRM faction led by Njoku had filed a Form 48 against the INEC, preparatory to the filing of Form 49 for his committal to prison.
Justice Abdulmalik held, in her ruling, that it was the responsibility of any applicant or plaintiff to ensure proper service of court processes on the respondent or defendant.
The judge noted that contempt case, being quasi criminal in nature, requires that the Form 48 must be personally served on the alleged contemnor, with proof of service files in court accordingly.
She held that where the applicant or plaintiff fails in this regard, the court is left with no other option than to strike out such an application or suit as the case may be.
