Court Orders Immediate Arrest of Former INEC Chairman Mahmood Yakubu

There is growing legal tension as a Federal High Court in Osogbo, Osun State, has ordered the immediate arrest of the former Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, over alleged contempt of court. The development comes just hours after Yakubu officially vacated his office as the head of Nigeria’s electoral body.

The order was issued following a suit filed by the Action Alliance (AA) against INEC and its former chairman, accusing them of failing to comply with an earlier court judgment delivered by Justice Funmilola Demi-Ajayi in suit number FHC/OS/CS/194/2024. The earlier judgment directed INEC to upload the names of the AA National Chairman, Adekunle Rufai Omoaje, and other members of the party’s National Executive Committee (NEC) on its official portal. Justice Demi-Ajayi had affirmed that the party’s elective convention held on October 7, 2023—which produced Omoaje as chairman—was validly conducted and duly monitored by INEC officials in line with the Electoral Act and the party’s constitution.

Despite INEC’s claim that it had complied with the ruling, the Action Alliance maintained that Omoaje’s name was still missing from the commission’s website. The party noted that while other NEC members and state chairmen had been listed, its national chairman’s name was conspicuously absent, prompting the fresh court action.

In a new order dated October 7, 2025, signed by court official O.M. Kilani, the Federal High Court directed the Inspector General of Police, Kayode Egbetokun, to immediately arrest Yakubu and commence contempt and committal proceedings within seven days. The court also imposed a cost of ₦100,000 on the judgment creditors.

The ruling underscores the judicial system’s insistence on compliance with court orders and the enforcement of accountability in electoral matters. Legal experts say that the order sets a significant precedent, signalling that former public office holders are not immune from legal action, even after leaving office.

While INEC has traditionally been regarded as an autonomous institution responsible for conducting free and fair elections, the controversy raises questions about the timely execution of court judgments and the obligations of electoral officials. The Action Alliance has expressed its commitment to ensuring that its rights are recognised and respected under the law.

Observers of Nigeria’s political landscape have highlighted the case as another instance where judicial intervention has been necessary to resolve disputes related to party leadership and electoral compliance. The case may also influence how political parties interact with INEC in the future, particularly in ensuring that all legally recognised leadership structures are accurately reflected in the commission’s records.

As of the latest reports, there has been no official statement from Professor Yakubu regarding the court’s order. The Inspector General of Police is expected to act on the directive within the stipulated seven-day timeframe, initiating proceedings that could include contempt charges and other legal measures.

The situation continues to attract attention from legal practitioners, political analysts, and the public, who are closely monitoring the outcome of the court’s directive. It also reinforces the judiciary’s role in upholding the rule of law and ensuring that public institutions operate within the bounds of legal compliance.