CHUKA UBAH
A Lagos High Court has served former President of Ohanaeze Ndigbo, Lagos State Chapter, Chief Solomon Aguene, and his Secretary, Chief Gaby Oseke, with Forms 48 and 49 for conducting an election in defiance of a subsisting court order.
P.M.EXPRESS reports that Form 48 — Notice of Consequences of Disobedience to Court Order — was served on Aguene and Oseke first. Days later, Form 49 — Notice to Show Cause Why Order of Committal Should Not Be Made — was also later served on them, completing the legal process required before committal to prison for contempt of court.
Justice M.M. Balogun of the Lagos High Court had, on 31st March, 2026, ordered all parties in Suit No. YSD/96800CM/2025 to maintain the status quo pending the hearing of the matter, which was adjourned to 24th April, 2026. The order specifically restrained Chief Aguene from conducting any election.
Despite the order, Chief Aguene constituted an electoral committee headed by Mr. Calistus Odoemena, conducted the election, and declared winners. The election, initially slated for 16th April , 2026, was brought forward and held on 6th April, 2026
The court’s enrollment order, signed by the Legal Registrar, Abiola Adewuyi, stated that the motion for interlocutory injunction was ripe for hearing. Counsel for the defendants, L.U.N. Ojukwu, did not oppose the application for parties to maintain status quo, citing the need for time to respond to newly filed processes.
In his ruling, Justice M.M. Balogun ordered:
1. “AN ORDER OF THIS HONOURABLE COURT is made MANDATING the Parties in this Suit to maintain Status quo as at today: 31st March, 2026.”
2. “AN ORDER OF THIS HONOURABLE COURT is made GRANTING accelerated Hearing of this Suit. Return Date shall be the 24th April, 2026 for Hearing at 12 noon.”
The election was conducted before the adjourned date and before the expiration of Aguene’s tenure going by the consent judgment, which was due to elapse on 8th April, 2026. The suit is between Robert Obasi and Everestus Ozonweke, suing for themselves and on behalf of Ohanaeze Ndigbo Lagos State, versus Solomon Ogbonna Aguene and Gabby Oseke.
For context, Form 48 and Form 49 are standard High Court forms under the Sheriffs and Civil Process Act and the Judgment (Enforcement) Rules. Form 48 serves as a warning notice to a party who has disobeyed a court order. It must be served before any committal proceedings. Form 49 is the subsequent notice requiring the alleged contemnor to appear in court and show cause why an order of committal to prison should not be made against them.
The duo of Aguene and Oseke were said to have been served by Court bailiffs under substitute service through the Ohanaeze Secretariat in Surulere area of Lagos and their phones.