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.

Omu Aran     Sunday Popo-Ola     Ajidagba     Convocation Ceremonies     Funmi Salau     Galland Marcias     Ilorin Curfew     Oya State     Na\'Allah     Vasolar Consortium     Abdulkadir Bolakale Sakariyah     Kwara Muslim Pilgrims Welfare Board     John Dara     Ibrahim Mohammed     Lukman Adeloyin     C2c@kwarastate.gov.ng     Just Event Online     UTME     Ndakene     Admiralty Villa     Turaki     Students Union Government     Osi     Olokoba Sulyman     Shero     Markaz Arabic And Islamic Training Institute, Agege     Kannike     Yusuf A. Usman     Osuwa     Standard Organization Of Nigeria     Bayo Ojo     Shehu Alimi Foundation For Peace And Development     Quranic Recitation Competition     A.G.F Abdulrasaq     Muhammed Akanbi     Abdulsalam Firdaous Amosa     Offa Poly     April 11     Kwara State Infrastructure Development Fund     Garba Dogo     Lola Ashiru     AbdulRaheem Ahmad Shayi     Imam Gambari     Usman Yunusa     Royal FM     Niyi Osundare     Ibrahim Issa Jetti     Oke-Ogun     AbdulFatai Adeniyi Dan-Kazeem     CBT     Prince Sunday Fagbemi     Maimunat Oniyangi     Olatunji Bamgbola     Pacify Labs     National Democratic Congress     Funmilayo Zubair     Wasiu Odewale     College Of Health     Shuaibu Yaman Abdullahi     Amos Sayo     Hassan A. Saliu     KWASEIC     Micheal Imodu-Ganmo Road     Abdulkareem Alabi     Okiki     Nupe     Kwara Poly     Risikat Lawal     Olushola Saraki     Arinola Fatimoh Lawal     Muhammadu Gobir     Raliat Elelu-Habeeb     Olayinka Olaogun     Abdulkarim Adisa     Metro Park     Bareke     Ayobami Akanbi    

Cloud Tag: What's trending

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

Baba Isale     Offorjama     Garuba Alikinla Shittu     Hakeem Idris     Abdulrazaq Adebayo     Yusuf Abdulraheem     Modibbo Kawu     Saadu Alanamu     Dar-Al-Handasah Consultants Ltd     Mustapha Akanbi     Kolawole Bashirat     Abdulrazaq Sanni     Micheal Imodu-Ganmo Road     Nigerian Supreme Council For Islamic Affairs     Saduki Lafiagi     Abdulquawiy Olododo     Christian Association Of Nigeria     Alaaya     Apata Ajele Secondary School     Iqra Books     QuickWin     Saliu Oluwole     KwaraLearn     ITEM 7     Tinubu Legacy Forum     Marufat Oladosu     Bola Ahmed Tinubu     Harmony Holdings     Atiku     Bank Of Industry     Pategi     Kayode Ogunlowo     Sheriff Olanrewaju     AbdulRazaq AbduMajeed Alaro     Kassim Babamale     Ibrahim Taiwo Road     Ayoade Akinnibosun     Zulu Gambari     CCB     Henry Olaosebikan     Yusuf AbdulRasheed     Sheikh Ridhwanullah El-ilory     Third Estate     Abubakar Suleiman     Kwara State Infrastructure Development Fund     Forgo Battery Company Limited     Muritala Olarewaju     Nigeria Customs Service     Ilorin International Airport     Kwara State Polytechnic     Hassan Oyeleke     Riskat Opakunle     Kola Ologbondiyan     Junior Secondary School Certificate Examinations     Omar Gambari     Ahmad Olanrewaju Belgore     Raji Ayodele Kamaldeen     Ramadan     Alapansapa     Ahmad Olayiwola Kamaldeen     Laboratory-to-Product     Yusuf Abdulkadir     Oko Erin     IHS Towers     Popo-Igbonna     Owu Fall     Jimoh Bashir     Owo Isowo     Mustapha AbdulGaniyu     Hauwa Nuru     Habeeb Abdullahi Al-Ilory     Isiaka Rafiu Mope     Vasolar     Tosin Saraki     Abdulraheem Olesin     Rabiu Kwankwaso     Unicontinental Construction Company