Leadership (Abuja)
George Agba
9 November 2009
Abuja — The Court of Appeal in Abuja has threatened to jail the chairman of the Independent National Electoral Commission (INEC), Professor Maurice Iwu, and three other officials of the commission should they continue disobeying the judgement of its sister court in Calabar.
The appellate court in Calabar had ordered that a member representing Uyo Federal Constituency of Akwa Ibom State in the House of Representatives, Elder Bassey Etim, should vacate his seat and that the declared winner of the April 2007 election for the seat, Chief Emmanuel Obot, be sworn-in immediately.
But since the court, sitting as an appeals tribunal, made the pronouncement on February 12, 2009, Obot has neither been issued a certificate of return by INEC, nor Etim asked to vacate his seat.
The other three officials of the commission facing contempt proceedings before the appellate court are: Mr. Philip Umeadi (jnr.), Mr. Victor Chukwuani and Prince Adedeji Goyebi.
In a contempt proceedings instituted against Iwu and the three officials , Obot asked the appellate court to compel INEC to obey the judgement of the Court of Appeal in Calabar which had, on February 12, 2009 ordered that Etim should vacate his seat as a member of the House of Representatives.
In Form 48, being the notice of consequences of disobedience to order of Court, the appellate Court in Abuja warned Iwu and other INEC officials against any form of contempt to its order.
The Form 48 signed by the court Registrar stated: "Take notice that unless you obey the directions contained in this order within seven days of your receipt of this notice, you will be guilty of contempt of court and will be liable to be committed to prison."
Meanwhile, the Supreme Court has ordered accelerated hearing on the appeal filed by Etim against the decision of the Court of Appeal, Abuja which affirmed that he was not the lawful candidate of the Peoples Democratic Party (PDP) in the 2007 House of Representatives election for Uyo Federal Constituency in Akwa Ibom State.
A five-member panel of the apex court led by Justice Aloysius Katsina-Alu adjourned the matter to December 8, 2009 for definite hearing on the appeal that has deprived the declared winner of the said poll, Obot, from reclaiming his mandate.
The court also directed parties in the matter to file their written briefs within 10 days because on December 8, 2009, being the next adjourned date, it will hear the matter and decide once and for all.
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