Justice Mohammed Madugu of the High Court of the Federal Capital Territory sitting in Bwari has reserved a ruling on a preliminary objection for dismissal of a motion seeking to commit the Chairman of the Independent National Electoral Commission (INEC), Prof Yakubu Mahmood and Chief Victor Oye to prison for not carrying out a valid court order.
Africa Today News, New York reports that the motion marked M/10786/2023, was filed by Micheal Ajara, on behalf of the applicants, Otunba Camaru Lateef Ogidan (National Vice Chairman, South West Geopolitical Zone, APGA) and Mustapha Rabiu (National Welfare Officer), who emerged at the APGA Owerri Convention of May 31, 2019, under the leadership of Chief Edozie Njoku, the National Chairman of APGA.
In opposing the motion, Victor Agunzi, counsel to Oye (1st respondent) who said his objection came by way of a notice, urged the court to strike out or dismiss the motion for being defective and grossly incompetent, adding that the court lacked jurisdiction to entertain the same.
Read Also: How Fake News Is Causing Election Violence — INEC
Agunzi stated it would amount to judicial impertinence for the court to entertain the motion having been fully aware there is leave for a stay from the Appeal Court on the contempt charges.
The lawyer argued that the motion for committal was filed and served before Forms 48 and 49 were served on them.
He urged Justice Madugu to recuse himself from hearing the matter, on the strength of a petition before the Chief Judge of the High Court of the FCT, accusing the presiding judge of bias.
Agunzi sought an indefinite adjournment pending the hearing of an appeal filed by Oye, challenging the May 10, 2023 Order and final judgment of the court, which is the subject matter of the committal proceeding.
Reacting, Ajara informed the court that a lawyer, C. I. Mbaeri, acting on the instruction of Chief Oye had approached the Appeal Court, Abuja with an interlocutory appeal marked CA/ABJ/CV/582/2023, on June 8, 2023, seeking leave to vacate the order of the court.