The Court of Appeal, Abuja Division yesterday stopped the execution of the warrant of arrest issued against the Chairman of Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, by Justice Stephen Pam of the Federal High Court, Abuja.
Justice Pam, drafted from the Taraba Division, is hearing the contempt proceeding based on a fiat granted him by the Chief Judge of the Federal High Court, Justice Abdul Kafarati.
A three-man panel of the Appeal Court led by Justice Abdul Aboki, suspended the enforcement of the arrest warrant in a ruling it delivered pursuant to an appeal filed by Yakubu, challenging the order made by Justice Pam for his arrest.
Justice Aboki held that since the matter has been adjourned to September 17 for hearing of the main appeal, “it will be prejudicial for the trial court to proceed with hearing of the matter scheduled for August 14.”
Consequently, the panel unanimously ordered the stay of proceeding pending the hearing of Yakubu’s appeals.
According to Justice Aboki, “both sides agreed that they have not filed briefs of argument. Parties have also agreed that the applications cannot be taken without going into issues raised in the main appeal.
“In view of these, the court held that the proper thing to do was to adjourn to enable the panel consider issues raised in the main appeal and those in the applications.
“In the circumstances, the proper order to make is to adjourn both the applications and the main appeal to a later date.”
The appellate panel reasoned that “since the trial court was aware that an appeal had been entered and considering the legality of the warrant of arrest, it will be prejudicial to the appeal for the court below to continue with the matter.
“We therefore stay execution of the warrant of arrest pending the determination of the motion on notice, which will be taken together with the main appeal.”
Consequently, Justice Aboki adjourned to September 17 for hearing and determination of the appeal.
The appeal marked CA/A/765/2018, was filed by Yakubu and the INEC, against Ejike Oguebego and Chuks Okoye, chairman and legal adviser respectively of Anambra State chapter of Peoples Democratic Party (PDP).
The appeal emanated from an order summoning Yakubu and another ordering the Inspector-General of Police, to arrest and produce the INEC chairman in court for his refusal to obey court orders.
Justice Pam had on July 5 dismissed a preliminary objection and a motion challenging jurisdiction to hear the contempt proceeding filed by the INEC boss.
However, Justice Pam said he would not deliver judgement in the contempt proceeding in the absence of the alleged contemnor.
Following the service of Form 49 on Yakubu, the court summoned him to show cause why he should not be committed to prison for disobeying the order of the court made on December 5, 2014, restraining him from accepting or receiving or according recognition to any list of nominated
candidates for elective posts for the Senate, House of Representatives and House of Assembly of Anambra State in the 2015 general elections except those that emanated from the plaintiffs, which order was affirmed by the Supreme Court on January 29, 2016.
