The Chairman of the Independent National Electoral Commission (INEC), Mahmood Yakubu, has been served with Form 49 by the Federal High Court in Abuja, escalating legal tensions between the electoral body and the National Rescue Movement (NRM).
Court bailiff Ayuba Sule delivered the form on Tuesday on behalf of the NRM, following last week's service of Form 48 to the INEC chairman.
Understanding Form 49 and Its Implications
Form 49 represents a critical legal instrument in Nigeria's judicial system. It serves as a formal notice requiring an alleged contemnor to explain why they should not be imprisoned for disobeying a court order. This document is typically served after Form 48, which warns of the consequences of court order non-compliance.
If a contemnor fails to comply within two days of receiving Form 48, the applicant may request the court registrar to issue and serve Form 49, which demands the contemnor show cause why they should not face imprisonment for failing to obey the court order.
The Court Judgment at the Center of the Dispute
The legal dispute stems from a Federal High Court judgment delivered by Justice Egwuatu on March 5, 2025. The court had ordered INEC to accept and recognize the outcomes of the NRM's January 17, 2025 Emergency National Convention.
"By the service of Form 49, Mahmoud has just a few days to comply with the judgment of the court or he will be docked in the court, where he will have to explain to the court why he has refused to obey its judgment," stated NRM Spokesperson Chinedu Anselem in a release.
The NRM further emphasized their determination to hold public officials accountable, stating: "The Party is resolute in its determination to prove to Nigerians that our primary duty as citizens is to hold public office holders accountable and ensure they operate within the frames of the law. They must not be allowed to play God."
INEC's Response
When questioned during a media parley on Wednesday, INEC Chairman Prof. Yakubu acknowledged being familiar with Forms 48 and 49 service. Through the Commission's legal adviser, he indicated that the matter was already in the process of being resolved, though specific details of the resolution were not provided.
This development marks another chapter in the ongoing tensions between INEC and political parties regarding internal party affairs and electoral commission recognition.
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