My Naija News - Election tribunal: Iwu begs for time to file brief

You are here:Home

News

Election tribunal: Iwu begs for time to file brief

Written by News Hound

Tuesday, 05 June 2007

The Chairman of the Independent National Electoral Commission (INEC), Professor Maurice Iwu who is facing possible prison sentence for flouting court orders was yesterday, through his counsel, Kanu Agabi, pleaded with the tribunal to give him more time to sort himself out before file his brief to contest the contempt charges against him.
“Iwu represents a corporate organisation which is inanimate and cannot be jailed personally. And he is not here because he cannot be in every court. As am speaking now, he might be in another court answering questions on election petitions,” he said.

“We are not in contempt of the court. INEC is not disobeying court orders. It has complied by making all documents available to the court and the appellant to facilitate the course of justice", he added

But the presidential candidate of the All Nigeria Peoples Party (ANPP) in the April 2007 polls, Maj-Gen Muhammed Buhari who argued through his counsel, Mike Ahamba told the election tribunal sitting at the Court of Appeal in Abuja that Iwu must be jailed because his disobedience to court orders, though a civil contempt but since it interferes with the administration of justice, should therefore be punish for a criminal contempt which consequence is imprisonment.

He said “I urge the court to commit to prison Professor Iwu for disobeying an order of this honourable court made on 14th of May, 2007 which was served with forms 48 and 49 on him.

“Form 48 was in respect of the application seeking that INEC should produce all document of the recently held elections to be used as evidence in the court and also make same available for inspection by Buhari.

“Form 49 specifically directed him to come and tell us why he should not be committed to prison. But consistent with his belligerent attitude, he is not here. And neither the motion filed by the court has moved him to come to court and explain why the court order was disobeyed.”

In response to the notion by Iwu's counsel that Iwu represents an inanimate corporate organisation and cannot be jailed personally, Ahamba argued that the matter is not against iwu but the institution which he represent and as the head of the electoral commission, he is responsible for everything that happened in the conduct of the elections by INEC.

“The name Iwu comes in because he is a person occupying a corporate position and we have fulfilled the conditions under the law on serving corporate body by giving our affidavit to a director in the office of the corporation", said Ahamba.

The case has been adjoined to the 14th of June for continuation of hearing by the presiding judge, Justice Rabiu Danlami Mohammed.

Quote this article on your site | Views: 301 | Print | E-mail

Be first to comment this article

Write Comment

Please keep the topic of messages relevant to the subject of the article. Personal verbal attacks will be deleted. Please don't use comments to plug your web site. Such material will be removed. Just ensure to Refresh your browser for a new security code to be displayed prior to clicking on the 'Send' button. Keep in mind that the above process only applies if you simply entered the wrong security code.
Name:
E-mail
Title:
Comment:
Code:*
	I wish to be contacted by email regarding additional comments