Court dismisses suit to sack, investigate INEC Chairman Yakubu

The High Court of the Federal Capital Territory (FCT) has declined a request to remove the Chairman of the Independent Na­tional Electoral Commission (INEC), Prof. Mahmood Yakubu, from office.

Justice M. A. Hassan declared that the INEC chairman cannot be removed over fabricated allegations of false asset declaration.

The court further barred secu­rity agencies from investigating him over his valid asset declaration.

In an originating summons marked FCT/HC/GAR/CV/47/2022 by Somadina Uzoabaka against the Attorney-General of the Federation and Prof. Mahmood Yakubu, the claimant sought among other things an order of mandatory injunction directing and compelling the INEC chairman to recuse, excuse and exclude himself and or step down as the chairman of INEC pending the investigation and consideration of the various allegations against him by the various law en­forcement agencies. ­

The claimant also sought an order of court barring the INEC chairman from holding or assuming any public office for a period of 10 years.

Prof. Yakubu, in his counter claim, furnished the court with several exhibits to show the sources of money for the pur­chase of the properties which the claimant alleged were il­legally acquired and insisted that his assets declarations were validly done.

READ: No plan to discard BVAS, electronic transmission of results in 2023 elections – INEC

Justice Hassan, in his judgment, found that the declaration of assets by Prof. Yakubu was lawful, valid and in compli­ance with the law and held that he cannot be investigated by any of the security agencies listed by the claimant.

The judge declined to grant any of the 14 prayers of the claimant, declaring that the INEC chairman cannot be removed over fabricated alle­gations of false asset decla­ration. He, however, allowed the counter-claim of the INEC chairman.

While fielding questions from journalists, counsel to the INEC chairman, Emeka Obegolu (SAN), said, “By this judicial victory yet again, it is expected that there will be re­spite for the INEC chairman to focus his attention on the con­duct of the 2023 general elec­tions and for those reportedly insisting on his leaving office because of the decision to use the BVAS machine for the elec­tion, to use the remainder of the days to campaign. As the court has just declared, Prof. Mahmood goes nowhere.”

It would be recalled that the Federal High Court sitting in Umuahia in March 2021 de­livered a judgment wherein it also found that the INEC chair­man did not breach any law in the declaration of his assets.

That case went on appeal and in July, 2021, the Court of Appeal dismissed the appeal against the High Court judg­ment and affirmed that Prof. Yakubu did not breach the law in his asset declaration.