By Ikechukwu Nnochiri
ABUJA — The Abuja Division of the Federal High Court has commenced contempt proceedings against the Chairman of the Independent National Electoral Commission, INEC, Prof. Attahiru Jega, over his plans to deploy procured collapsible transparent ballot boxes for the conduct of Edo State governorship election.
The court presided by Justice Adamu Bello has already issued a "Form 48" against the INEC boss and the Registrar of Patent, Federal Ministry of Commerce and Trade.
The said "Form 48" contains a Notice of Consequence of Disobedience of a subsisting order made by the high court on June 5, 2012.
Justice Bello, in the notice, warned that the respondents would be guilty of contempt and liable to imprisonment if they fail to comply with his order barring the deployment of the procured transparent ballot boxes for the Edo governorship election, without getting the consent of the patent owner to the boxes.
He said: "Take notice that unless you obey the directives contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison."
The high court had in the judgment it gave on June 5, held that INEC perpetuated an act of illegality by using the collapsible transparent ballot boxes to conduct the 2011 general elections without securing the consent of the owner of the patent right to the boxes.
Consequently, the court barred the electoral body from using the boxes for any subsequent polls including the July 14 Edo governorship election without first seeking the approval of the patent owner, though it declined to annul any of the previous elections.
The court order followed a suit instituted by an indigenous company, Bedding Holdings Limited, which went to court to challenge the continued use of the boxes for elections without its approval.
The company had maintained that it had subsisting exclusive and bona fide patent right to the collapsible transparent boxes used by INEC for the conduct of the 2011 polls.
Bedding Holdings which specialises in general fabrication and manufacture of steel metal products said the collapsible transparent ballot box was among many of its innovations duly registered with exclusive patent right issued to it by the Registrar of Patents in the Federal Ministry of Commerce and Industry.
The Certificate of Registration of the Patent Right Number RP 12994 and Registration of Industrial Designs Rights Number RD 5946 on the boxes was issued by the ministry to the plaintiff on January 12, 1998 for five year period.
According to evidence it adduced before the high court, the company successfully proved that the said patent right was renewed and extended both in January 12, 2003 and January 12, 2008, is due to expire in 2013.
Besides, it alleged that INEC violated its rights by its failure to seek its approval and consent before awarding the contract for the procurement of the boxes used for the 2011 general elections.
Justice Bello had in his judgment, ordered that, "any action or actions whatsoever and howsoever taken or purported to have been taken by INEC and other defendants relating to the ballot boxes without the prior and express license, consent, authority and approval of the plaintiff is unconstitutional, illegal, unlawful and therefore Null and void."
Nevertheless, he struck out the name of the Attorney-General and Minister of Justice as fifth defendant to the suit on the ground that the Office was in no way affected by the reliefs sought by the plaintiff.
Other defendants in the suit were The Registrar of Patents, Federal Ministry of Commerce and Industry, Emchai, Tambco United Ltd, Anowat Project and Resources Ltd., INEC and its Chairman, Prof. Attahiru Jega.
Vanguard Nigeria