Contempt: Court Denies signing Form 48 against INEC, 3 others

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COURT
A federal high court sitting in Abuja
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Federal High Denies Signing Form 48 Against INEC and Principals.

The Federal High Court in Abuja has dismissed claims of signing Form 48 against the Independent National Electoral Commission (INEC) and several of its key figures. This revelation was made through an official letter dated August 8, 2023, authored by the Honorable Judge Chamber, Justice E. Enenche, and signed by Principal Registrar 1, Shehu Suleiman.

The communication, arising from Suit No. FCT/HC/CV/174/2022, titled “Chief Uzewuru Nwachukwu vs Kenneth Udeze, Action Alliance (AA), Independent National Electoral Commission (INEC), Form 48 S.C.P.A (ORDER IX, RULE 13),” clarifies that the mentioned Form 48 was not endorsed by the registrar of the court nor did it originate from the court itself.

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The letter unequivocally asserts, “Notice of consequences of disobedience to order of court filed on the 3rd day of August 2023 and signed on the 7th day of August 2023. I am directed by his Lordship to inform your Authority that the above form was not signed by the registrar of this Court or emanated thereof from this Court.”

Furthermore, the letter highlights that any request, communication, or order regarding the suit in question should only be deemed authentic if it originates from the court of appeal or is endorsed by the registrar of the Federal High Court, Abuja.

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Recall that Kenneth Udeze, who claimed the position of factional chairman of the Action Alliance (AA), previously presented a purportedly signed court order and threatened legal action against INEC if it failed to adhere to court directives. Allegedly seeking Form 48 against INEC and its chairman, Prof Mahmoud Yakubu, Udeze also included INEC directors Mr Aminu Idris and Dr Tanimu Mohammed in the suit.

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The Form 48 that Udeze possessed, which the Federal High Court in Abuja has now denied signing, conveyed the warning, “Take notice that unless you obey the directions contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison for contempt of court.”

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It is notable that Udeze’s leadership claims within the Action Alliance (AA) have been mired in controversy. He was previously suspended and eventually expelled from the party by the National Think Tank Committee due to various alleged offenses. Conversely, INEC recently recognized Dr. Adekunle Rufai Omoaje as the legitimate national chairman of the Action Alliance.

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The recent letter from the Federal High Court has cast a new light on the legal dynamics surrounding this matter and is expected to impact ongoing discussions and actions related to the case.

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