Court Strikes Out Contempt Suit Against INEC Chairman Over Service Failure

The Federal High Court in Abuja has struck out a contempt suit filed against the Chairman of the Independent National Electoral Commission (INEC) after the applicant failed to personally serve the required court documents.

Why the court struck out the case

Justice Joyce Abdulmalik dismissed the suit on the basis that the defendant was not personally served, as mandated by law in contempt proceedings.

She held that since contempt is quasi-criminal in nature, Form 48 must be served directly on the alleged contemnor.

The judge added that failure to comply leaves the court with no option but to strike out the case.

Background to the legal dispute

The case stemmed from an earlier judgment delivered on March 5, 2025, where the court ordered INEC to recognise the Edozie Njoku-led faction as the leadership of the National Rescue Movement (NRM).

Following INEC’s refusal to comply, the faction initiated contempt proceedings against the then INEC chairman by filing Forms 48 and 49.

However, INEC challenged the court’s jurisdiction, arguing that the contempt did not occur in the face of the court.

Case reassigned before final ruling

The initial trial judge later recused himself and returned the case file to the Chief Judge of the Federal High Court, who reassigned it to Justice Abdulmalik.

At the resumed hearing, the court insisted on proper personal service and adjourned for compliance.

But when the applicant failed to meet the requirement, the case was struck out.

Reactions from NRM faction

Reacting, factional NRM chairman Chinedu Obi welcomed the ruling, questioning the legitimacy of the Njoku-led leadership.

He maintained that the party’s recognised structure remains the one reflected on INEC’s official platform.

Obi added that the development clears the path for the party’s participation in the 2027 general elections.