The National Rescue Movement (NRM) has threatened to apply for a bench warrant of arrest against Prof. Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), following his absence from a contempt of court proceeding on Friday.

NRM lawyer, Oladimeji Ekengba, issued the threat before Justice Obiora Egwuatu of the Federal High Court in Abuja, expressing shock at Yakubu's failure to appear for the hearing.

"I am shocked that he is absent in a contempt proceeding that is a criminal matter," Ekengba stated during the court session.

The court had previously granted NRM's application on June 17 to serve the contempt charge on the INEC chairman by substituted means. Justice Egwuatu directed that Form 48—a notice of consequence for disobedience of a court order—be served on Yakubu by delivering it to any staff member at INEC's national headquarters.

The contempt proceedings stem from allegations that INEC and its chairman disregarded a court order of mandamus issued on March 5. The order had directed them to accept the outcome of an emergency convention that produced the Chief Edozie Njoku-led executives of the NRM party.

According to Ekengba, the emergency convention held on January 17 was intended to fill vacancies and address imbalances in the National Executive Committee of the party.

In response to the threat, Yakubu's lawyer, Alhassan Umar, SAN, informed the court that they had filed a preliminary objection challenging the matter on July 17, arguing that the contempt charge was not yet ready for hearing.

"In our view, our application takes precedence over contempt proceedings. It has to be taken and determined first before the contempt," Umar stated.

Ekengba countered by citing a Supreme Court decision in Ebhodaghe Vs Okoye (2004), which established that a preliminary objection cannot take precedence when contempt proceedings have been filed.

"The Supreme Court says that when the application is an issue of contempt, it takes precedence over every other matter, because a defendant cannot be in contempt and still come to the same court for reliefs," he argued.

Justice Egwuatu expressed concern about the situation, stating, "No matter how highly placed a person is, he should obey the law," adding that such actions make "a caricature of the judicial system."

The judge noted that INEC should maintain its neutrality and allow political parties to resolve their internal issues. He subsequently adjourned the matter until October 8 for hearing.

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