Court Lifts Order Preventing INEC from Releasing Voters' Register to KWASIEC for Kwara LG Election

Date: 2024-09-18

As reported by The Nation, a Federal High Court in Abuja has lifted the ex-parte order restraining the Independent National Electoral Commission (INEC) from releasing the national voters' register to the Kwara State Independent Electoral Commission (KWASIEC) for the local government election scheduled for Saturday.

Justice Peter Lifu, who had issued the ex-parte order on July 29 following a motion by the Peoples Democratic Party (PDP), vacated the order while ruling on an application by KWASIEC.

In his ruling, Justice Lifu upheld the argument made by KWASIEC's lawyer, Johnson Usman (SAN), stating that the ex-parte order should be lifted after 14 days in line with legal provisions.

The judge also dismissed the allegation of contempt of court made by the PDP against the Chairman of KWSIEC, Okanlawon Baba.

PDP had sought that the KWASIEC chairman be committed to prison for allegedly violating a subsisting order of the court.

In the ruling yesterday, Justice Lifu dismissed the motion for committal filed by the PDP on the grounds that the KWASIEC chairman was not served personally as required by law

Justice Lifu held that since committal proceeding is quash criminal one, the motion commencing it must be served personally on the alleged contemnor and not through any other party or person.

The judge held that the failure of PDP to effect personal service on the alleged contemnor was fatal to its case and amounted to violation of KWASIEC chairman's right to fair hearing guaranteed under Section 36 of the Constitution.

He said: “I have carefully and painstakingly perused the arguments for and against the motion to commit the contemnor to prison.

“Where the liberty of person is at stake, due of process of law must be carefully followed.

“In the instant case, the fundamental right of the alleged contemnor to fair hearing, as enshrined in Section 36 of the Constitution of the Federal Republic of Nigeria, was breached by not serving him personally and this makes the motion for committal to prison to be liable to dismissal and is hereby dismissed,” the judge said.

Following a motion ex-parte filed by the PDP, the court on July 29 issued an order restraining INEC from releasing the national voters register to the KWSIEC for the purpose of conducting the September 21 local government elections in Kwara State.

It equally restrained KWASIEC and the state's Attorney General from receiving, accepting or using the national voter register or any part relating to Kwara State from the electoral body for the council's election in Kwara State.

The PDP had, while alleging contempt, claimed that despite the pending orders of the court, KWASIEC's chairman wrote two letters to political parties, one inviting them for peace meeting and the other requesting them to submit names and photographs of their agents for the purpose of the election.

At the conclusion of the ruling yesterday, Justice Lifu said he would return the case file to the court's chief judge for reassignment because his court only sat on the case as a vacation court.

In the substantive case, the PDP is contending among others, that the KWASIEC was in grievous contravention, breach and violation of sections 9, 28, 29 and 106 of the Electoral Act 2022, sections 20 (1) and 21 (1) of Kwara State Local Government Electoral (Amendment) Law, 2024.

The PDP claimed that the conditions and precedents stipulated in Local Government Electoral laws in Kwara State were allegedly deliberately ignored by KWASIEC under unacceptable circumstances.

It alleged that KWASIEC had applied to INEC for the register of voters in Kwara to use the same in the conduct of the local government polls.

The party said the action was in breach and violation of the 1999 Constitution, as amended, Electoral Act, 2022, as well as Kwara State Local Government Electoral (Amendment) Law, 2024.

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Adedayo Yusuf Abdulkareem     The Herald     Orisa Bridge     Adebayo Salami     Ibrahim Sulu Gambari     Jimoh Lambe Abdulkareem     Wasiu Onidugbe     Bola Iyabo Ibiyeye Adisa     Presidential Election     Olawuyi     Gbemisola Saraki     Sa\'adu Salau     Abdulkarim Adisa     Young Progressives Party     Kaiama     Arca Santa     GGDSS Pakata     Ramadhan     Kwara TV     Olusegun Adeniyi     National Broadcasting Commission     New Model Police Station     Ayo Adeyemi     Abubakar Usman Jos     Afonja     Kazeem Oladepo     Ilorin     Vishvas KOZ Tractors     Mohammed Halidu     Abubakar Olusola Saraki     Tsaragi     Special Agro-industrial Processing Zone     Lawal Olohungbebe     Idris Amosa Oladipo Saidu     ASKOMP     Majlis For Sadakah, Zakat And Waqf     Unilorin FM     Aminu Adisa Logun     Musa Aibinu     HAMFAT Clinic And Maternity     Ibrahim Abduquadri Abikan     Abdulfatai Salman Baakini     Curfew     Matthew Okedare     Senate     Odogun Olushola Gabriel     Haruna Olawale Sulaiman     NaAllah     Taofeeq Olateju     Ghali Alaaya     Bashir Adigun     Saadatu Modibbo-Kawu     Ibraheem Adeola Katibi     Kwarareports     Amusa Bello     Olokoba Abdullahi Ayinla     Okedare     Hamidat Sulyman-Yusuf     Elesie Of Esie     Moshood Mustapha     Bello Bature     Alabi Lawal     Ilorin South Constituency     Bareke     Abubakar Abdulraheem     Is\'haq Modibbo Kawu     Saeedat Aliyu     Kwara State Infrastructure Development Fund     Quran     Sulyman Atolagbe Alege     Khadijat Ayoola Yusuf     Binta Abubakar Mora     Muhammadu Buhari     Habeeb Saidu     Oyeyemi Olasumbo Florence     Coalition Of Kwara North Groups     Firdaos Amasa    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Akeem Lawal     Abdulkadir Bolakale Sakariyah     Yakub Ali-Agan     Baaziki Sulaiman     Olomu Of Omu-Aran     Yusuf AbdulRasheed     Gbadeyan Gbadura Yomi     Kwara Primary Health Care Development Agency     Sunset Workers     Umar Sanda Yusuf     All Confederation Of Principals Of Secondary Schools     Savannah Centre For Diplomacy, Democracy And Development     Elerin Of Adanla     Adedayo Yusuf Abdulkareem     Alabi Lawal     Kwara University Of Education     Olupako     Yusuf Arowosaye     Alapansapa     Lawal Olohungbebe     Buhari     New Model Police Station     Colleges Of Education Academic Staff Union     Olabode George Towoju     Kawu Baraje     Bursary     Memunat Monsuma     Abdulrauf Aliyu     Public Holiday     Split Diamond Interchange     Muslim Cementary     Congress For National Consensus     Noah Yusuf     Abdulwasiu Bolaji Adeyi     Societe Generale Bank Of Nigeria     Kehinde Baale     Omu-aran     Oba Sulaiman Asude     Senate Presidency     Kwasu     Vishvas KOZ Tractors     Olabanji Orilonishe     Aisha Ahman Pategi     Pakata     Issa Memunat Moyosore     UTME     Raliat AbdulRazaq     Olabimpe Olani     Hassan A. Saliu     3MTT     Hijaab     Ileloke     Riskat Opakunle     Shuaib Jawondo     Olayinka Oladapo Jogunola     Risikat Lawal     Musbau A. Akanji     Segun Olawoyin     Government High School Adeta     Mufti Of Ilorin     Ahmed Bolaji Nagode     Yoruba     Yoonus Kola Olatinwo     Budo Egba     Raymond Olaitan     Ibrahim Akaje     Shuaibu Yaman     Odogun Olushola Gabriel     Yusuf Abdulkadir     Labour Party     ENetSuD     Ilorin Likeminds Foundation     New Nigeria People’s Party     Sarah Jubril     Bolakale Saka     Countryside Emerging Leaders Fellowship     All Peoples Party