A-Court Halts Execution Of Arrest Warrant Against INEC Boss
The Abuja Division of the Court of Appeal, on Monday, ordered the stay of execution of the bench warrant that directed the Nigerian Police Force to arrest the Chairman of the Independent National Electoral Commission, INEC, Prof. Mahmood Yakubu, for disobeying court orders.
A three-man special panel of the appellate court held that the arrest order should be placed on hold, pending the hearing and determination of an appeal the INEC boss lodged before it.
The Justice Abdul Aboki led panel equally ordered the Federal High Court in Abuja to temporarily hands-off the case, saying it would be prejudicial for the contempt proceeding against Mahmood to continue while his appeal is still pending.
“Since the court below is aware that an appeal has been entered in this court and is pending here. Also considering that the legality of the warrant of arrest is an issue in this appeal, it will be prejudicial to the appeal for the trial court to continue dealing with the issue.
“We therefore stay the execution of the warrant of arrest pending the determination of the motion on notice, which will be taken together with the main appeal.
“The application is adjourned till 17th of September for hearing”, the appellate court held in the ruling that was delivered by Justice Aboki.
Besides, the court directed the Chairman and Legal Adviser of Anambra State Chapter of the Peoples Democratic Party, PDP, Chief Ejike Oguebego and Chuks Okoye, respectively, who are Respondents in the appeal, to file their brief of argument before the adjourned date.
Prof. Yakubu had through his lawyer, Chief Adegboyega Awomolo, SAN, begged the appellate court to stop trial Justice Stephen Pam from sitting on the contempt charge against him on Tuesday.
The INEC boss told the appellate court that he was apprehensive that the high court Judge would send him to prison if allowed to proceed with the case as scheduled.
“My lords, it will appear that the trial Judge is bent on committing the appellant to prison at all cost and our worry is that he has dragged himself into the arena.
“The danger is that if my lords do not do anything, our appeal before you will be in vain and by the time we come back in September to hear the matter, he must have sent my client to jail”, Awomolo submitted.
However, counsel to the Respondents, Mr. Goddy Uche, SAN, accused the INEC Chairman of deliberately using the appeal to frustrate the contempt charge against him.
Uche urged the appellate court to uphold the integrity of the judiciary by compelling the Appellant to obey subsisting orders from the high court.
“This whole thing is bordering on the integrity of the of the judiciary. We have not gotten to the stage of anybody being sent to jail. All the trial court has asked is for the appellant to come and show cause why he should not be committed to prison for disobeying valid court orders”, Uche stated.
Responding to submissions from both parties, the appellate court panel said it would in the interim, refrain from delving into the legality or otherwise of the arrest warrant vis-a-vis Prof. Yakubu’s alleged disregard to court orders.
Warning that no one found to have held valid court orders in contempt would be spared from facing the legal consequences, the appellate court however stressed that such punishment must follow the due process.
