A Federal High Court sitting in Abuja has flayed the Independent National Electoral Commission (INEC) and its Chairman, Prof. Attahiru Jega, for deliberately and recklessly disobeying its order.
The court had, on June 5, 2012, issued a perpetual order against INEC and Prof Jega barring them from further using transparent ballot boxes for election without the consent of the patent right owner.
The court also threw out the application brought by INEC and Jega to stay the execution of the 2012 judgement, saying they could not seek the indulgence of the court having flouted its positive orders
Justice Adamu Bello had, in the judgement delivered on June 5, 2012, held among others, that the plaintiff, Bedding Holding Limited, owned valid and subsisting patent rights over transparent ballot boxes and electronic collapsible transparent ballot boxes being used for elections in the country.
The judge voided the rights over similar inventions purportedly issued subsequently to three firms – Emchai Limited, Tambco United Nigeria Limited and Anowat Project and Resources Limited – by the Registrar of Patent for being illegal.
Justice Bello also granted an order of perpetual injunction restraining the defendants and any other person from utilising or dealing with the patented boxes of the plaintiff "except with the express and prior consent, license and authority of the plaintiff to that effect."
But after flouting the court order by conducting the last Edo State governorship election without seeking the consent of Beddings, INEC and Jega approached the court to stay the execution of the judgement.
Dismissing INEC and Jega's application, the judge held that the reliefs granted in the judgement were mainly declaratory and were incapable of being stayed.
Justice Bello flayed INEC and Jega for acting in disregard of the court's order.
He frowned at the decision of the electoral body and its chairman to deploy the same ballot boxes for the governorship elections held last year on July 10 in Edo State and on October 20 in Ondo State without the consent of the plaintiff and in disregard of the court's subsisting order made on June 5, 2012.
He held that it was funny that INEC and Jega would approach his court for an indulgence, having willingly disregarded and flouted its order.
Justice Bello said: "The use of the ballot boxes has soiled the applicants' hands. He who comes to equity must come with clean hands. They cannot therefore seek the indulgence of the court having flouted its orders".
The judge, however, granted an order staying proceedings in the contempt case pending against INEC and its principal officers for using the ballot boxes without the patent rights owner's consent.
The stay is to subsist pending the determination of the appeal by INEC and Jega.
Justice Bello also dismissed a similar application by Emchai for lacking in merit.
Emchai had sought an order setting aside the June 5, 2012 judgment on the ground that it was given in default of appearance.
It also sought the setting aside of the order of substituted service granted the plaintiff.
Justice Bello held that the judgment was given on the merit because trial was conducted.
The judge also held that he exercised his discretionary powers in ordering substituted service of processes on the applicant, having been convinced by the evidence presented by the plaintiff.
He also refused to set aside the judgment, as prayed by Emchai, on the ground that setting aside the judgment would render worthless the pending appeal by INEC and Jega.
National Mirror