The Federal High Court in Abuja has dismissed a contempt charge aimed at imprisoning Professor Joash Amupitan SAN, the Chairman of the Independent National Electoral Commission (INEC).
Justice Joyce Abdulmalik struck out the suit on Tuesday, citing a lack of diligent prosecution by the applicant, Edozie Njoku, and his legal team.
The legal action was initiated by Njoku, who identified himself as the National Chairman of the National Rescue Movement (NRM).
He had filed “Form 48” seeking to commit the INEC head to Kuje prison for allegedly ignoring a court order to monitor the party’s convention.
However, Justice Abdulmalik dismissed the request because Njoku failed to personally serve the committal papers to Amupitan, as mandated by law.
In her ruling, Justice Abdulmalik clarified that it is the applicant’s sole responsibility, not the court’s, to ensure court processes are served to defendants.
She emphasized that because contempt charges are semi-criminal, personal service on the accused is essential.
Since the applicant failed to meet these procedural requirements, the court determined that striking out the case was the only viable option.
The dispute stemmed from an earlier order by Justice Obiora Egwuatu directing INEC to monitor a party convention, a task that reportedly could not be fulfilled because a similar convention had recently taken place.
Following the dismissal, the recognized National Chairman of the NRM, Dr. Chinedu Obi, praised the court’s decision.
Accompanied by other top party officials, Obi asserted that Njoku was not a member of the party and characterized his actions as an attempt to hijack the organization.
He pointed out that Njoku’s name does not appear on the official INEC website, which lists the current 14-member National Executive Committee.
Obi concluded by urging party members to stay committed, noting that this ruling clears the way for the party to focus on the 2027 general elections.
