Jega risks court sanction over Edo poll
A
Federal High Court in Abuja has asked the Chairman of the Independent
National Electoral Commission, Prof. Attahiru Jega, to explain why he
disobeyed its order barring the use of collapsible transparent ballot
boxes for the July 14 governorship election in Edo State.
The summons issued by Justice Adamu Bello is contained in FORM 49, a notice to show cause for disobeying an order of the court.
Other parties affected by the summons are, INEC and the Registrar Of Patent, Ministry of Commerce and Industry.
The summons read, “Take
notice that the
plaintiff will apply to this court for an order for committal to prison
the alleged contemnors for having disobeyed the order of this court made
on the 5th of June 2012 enjoining and restraining you.”
The summons arose from Jega’s failure to
comply with the court’s judgment in a suit brought by Bedding Holdings
Limited against INEC and other respondents over the use of the ballot
boxes in the 2011 general elections.
The plaintiff claimed it had the patent
right to the electoral material, and that INEC and the other respondents
used it without first seeking and obtaining its permission, in line
with patent laws.
In its judgment of June 5, 2012, the
court declared as illegal, the use of the ballot boxes in the 2011
general elections by INEC without the consent of the owner of the patent
right.
The court also barred INEC from using
the boxes for any subsequent polls, including the Edo State governorship
election, without first seeking the approval of the patent owner.
Meanwhile, INEC had explained that it
deployed the ballot boxes for the Edo State election because it was not
possible for the commission to procure new design of the boxes before
the elections.
INEC’s explanation was contained in an
affidavit the commission filed before the court in support of a motion
in which it is seeking a stay of execution of the court judgment.
In the affidavit, dated June 28, 2012,
the deponent, one Rahima Aminu, a legal officer of INEC, stated “The Edo
State election is due to hold on14th July 2012, three weeks hence.
“The Ondo State Election is due to hold on 20th October, 2012 four months hence.
“I know that it is not feasible for the
applicant to acquire/procure a new design or different ballot boxes for
the said elections given the short time for the elections.”