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Appeal Court saves INEC chairman from arrest

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Appeal Court saves INEC chairman from arrest

Respite has come the way of Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC).

The Court of Appeal, Abuja, Monday ordered a stay of execution of the bench warrant issued for his arrest by a Federal High Court, Abuja.

The Federal High Court presided over by Justice Stephen Pam, had issued a bench warrant for Yakubu’s arrest after he failed to show up in court in a contempt charge against him.

The court issued the warrant after the INEC boss refused to appear in court for the third time.

At the last sitting of the court, Justice Pam ordered the Inspector General of Police, Ibrahim Idris to produce Professor Yakubu in court at it’s next sitting.

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However, on Monday when the appeal filed by the INEC boss was heard, the three-man special panel of the appellate court held that the arrest order should be placed on hold, pending the hearing and determination of an appeal the INEC boss lodged before it.

The Justice Abdul Aboki led panel equally ordered the Federal High Court in Abuja to temporarily hands-off the case, saying it would be prejudicial for the contempt proceeding against Mahmood to continue while his appeal is still pending.

“Since the court below is aware that an appeal has been entered in this court and is pending here. Also considering that the legality of the warrant of arrest is an issue in this appeal, it will be prejudicial to the appeal for the trial court to continue dealing with the issue.

“We therefore stay the execution of the warrant of arrest pending the determination of the motion on notice, which will be taken together with the main appeal.

“The application is adjourned till 17th of September for hearing”, the appellate court held in the ruling that was delivered by Justice Aboki.

The appellate court also ordered the Chairman and Legal Adviser of Anambra State Chapter of the Peoples Democratic Party (PDP) Chief Ejike Oguebego and Chuks Okoye, respectively, who are respondents in the appeal, to file their briefs of argument before the adjourned date.

 

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