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.

Siraj Oyewale     Majlis For Sadaqah, Zakat And Waqf     AbdulRazaq Abubakar Jiddah     Majlis For Sadakah, Zakat And Waqf     Sanusi Abubakar     Kamaldeen Gambari     Vishvas KOZ Tractors     Usman Yunusa     Yusuf Ali     Nigeria Governors\' Forum     Daud Adeshola     3MTT     Rotimi Atere     Yinka Aluko     Nigeria Customs Service     Danladi     Abdullahi AbdulMajeed     Ilorin Amusement Park     Kwara North     Makama     State Bureau Of Internal Revenue     COVID     Shero     Logun     Oya State     Lithium     Ubandawaki     Bukola Ajikobi     Otuka     Abatemi Usman     HYPPADEC     Alapado     Oko-Erin     Gurei     Alfa Modibo Belgore     Towoju     IQRA College     LAK Jimoh     New Nigeria People’s Party     Hamza Usman     Olatunji Ibrahim     Mazars Consulting     Aso Ofi     Abdulsalam A. Yusuf     Omotoso     Baba Adini Of Kwara State     Bolaji Aladie     Adegoke Bamidele     Olusin Of Ijara Isin     Haleeman Salman     Senior Special Assistant On Student Affairs     Barakat Community Secondary School     Bamidele Adegoke Oladimeji     Code Of Conduct Tribunal     Shaykh Luqman Jimoh     Ayobami Akanbi     Sam Onile     Bamidele Adegoke     Yusuf Lanre Badmus     Maigidasanma     Toyin Saraki     Plat Technologies Limited     Woro     Ibrahim Sulu Gambari     Doyin Agbamu     Prince Sunday Fagbemi     Kwara Consultative Forum     Onilorin     Isaac Aderemi Kolawole     NITDA     Kumbi Titilope     Ilorin West/Asa Federal Constituency     Isapa     Abdulfatai Ahmed     Jide Oyinloye     Yakubu Danladi     Local Government Pension Board    

Cloud Tag: What's trending

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

Agboola Abdulraheem     Shettima     Zulu Gambari     AbdulRahman Saad     Tinubu     TIIDELab     Emmanuel Bello     Saheed Popoola     Micheal Imodu-Ganmo Road     Ahmad Uthman     Ishaq Salman     Sarakite     Joseph Daudu     Adesoye     Garba Ado Sanni     Kayode Yusuf     Ile Arugbo     Biliaminu Aliu     Habeeb Abdullahi Al-Ilory     Rotimi Oyedepo     NTA Ilorin     Taofeeq Olateju     Muhammed Mahe Abdulkadir     Monsurat Omotosho     Christian Association Of Nigeria     Aliyu Kora-Sabi     Onilu     Onilorin Of Ilorin     Smart School     LEAH Charity Foundation     Kunle Suleiman     Khairat Gwadabe     Olufolake Abdulrazaq     Bola Tinubu     Aishatu Ahmed Gobir     Olomu     Naira Redesign     Kamaldeen Kehinde     Oro Grammar School     Ayinde Oyepitan     Abdulwaheed Musa     Hassan Taiye Salam     Abdulbaqi Jimoh     Peter Obi     Harrison Osauwagboe     Sai Kayi     Iyabo Adewuyi     Muftau Akanbi Oke     General Tunde Idiagbon International Airport     Durosinlohun Kawu     Olatunji Bamgbola     Tafida Of Kaiama     Sunday Popo-Ola     Afolabi-Oshatimehin     SUBEB     Iqra Books     Lawan     Modupe Oluwole     Awodun     Abdullahi Saadudeen Alikinla     Undergraduate Bursary     Aishat Mohammed Lawal     Kale Bayero     Amuda Musbau     Jimoh Saadudeen Muhammed     Abraysports FC     Amuda Aluko     Elesie Of Esie     Kehinde Boyede     Shehu Salau     Bayo Lawal     Amina El-Imam     Okin Biscuit     Amos Bajeh     Summit University     Elelu     Senate Presidency