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.

Government Girls’ Day Secondary School Pakata     Hassan Abdulazeez Elewu     Suleiman Rotimi Iliasu     Haruna Olawale Sulaiman     Taofik Abdulkareem Babaita     UNILORIN Alumni Association     Ibrahim Taiwo Road     Afin Descendants Union Of Odo-Owa     Jawondo     Federal Allocation     Clara Nwachukwu     Emir Of Shonga     Zainab Abass     Busari Alabi Alausa     Ademola Kiyesola     Idowu Laro     New Naira Notes     Toyin Olayinka Tejidini     Alloy Chukwuemeka     Fawenu     Isiaka Rafiu Mope     Bankole Omisore     Olaiya Victor Mobolaji     Gambari     Elekoyangan     Share/Tsaragi     Societe Generale Bank Of Nigeria     Akeem Olatunji     Jimoh Lambe Abdulkareem     Salihu S. Yaru     Muhammadu Buhari     Stephen Fasakin     Boko Haram     Bilikis Oladimeji     TESCOM 2025     Ogidi-Oloje     Surajudeen Akanbi     Tanke Flyover Bridge     Tosho Yaqub     Saliu Ajibola Ajia     Iyabo Adewuyi     Just Event Online     Kwara Consultative Forum     Sango-UITH Road     Mamman Saba Jibril     Isiaka Saka Opobiyi     Shehu Jimoh     Azeez Salawu     Ileloke     Prince Mahe Abdulkadir     NYSC     TETFUND     ITEM 7     Yusuf Zulu-Gambari     Edret Sabi Abel     Kehinde Boyede     Agboola Abdulraheem     Mogaji Aare     Salau Kabiru Abdullahi     Saliu Ajia     Shehu Adaramaja     Abdulahi Abubakar Bata     Mary Kemi Adeosun     Oluwarotimi Boluwatife Adenike     Onilorin     Sanitation Exercise     Aliyu Sabi     Yunus Oniboki     Inside Kwara     Kwara Coalition Of Business And Professional Associations     Peter Obi     Abioye Bello     Yahaya Dumoye     UTME     Abdulkadir Akanbi-Oke     Bashir Omolaja Bolarinwa     Dar-Al-Handasah Consultants Ltd    

Cloud Tag: What's trending

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

Hameed Oladipupo Ali     Is\'haq Modibbo Kawu     Muslim Cementary     Rasaq Jimoh     Yahaya Seriki Gambari     Jani Ibrahim     Dapo Teni Nig Enterprise     Olatinwo     Gani Saadu     ANCOPPS     Olaitan Adefila     Salihu S. Yaru     Popo-Igbonna     Abdulwahab Oba     Omotosho     Hijaab     Belgore     Alimi Abdulrazaq     Roseline Oni Aremu     Taiwo Joseph     CELF     Ayobami Seriki     AbdulGafar Tosho     Women For Change And Development Initiative     Mansur Alfanla     Khairat Gwadabe     Shuaib Olarongbe     Ilesha-Gwanara     National Democratic Congress     Christopher Odetunde     AbdulHamid Adi     Oloje     Afonja Descendants Union     Economic And Financial Crimes Commission     Kayode Issa     International Vocational Centre     Muyideen Ajani Bello     Mohammed Alabi Lawal     Rabiu Kwankwaso     Moshood Bakare     Alikinla     Gwanara     Shehu Alimi Foundation For Peace And Development     Adamu B. Yaqubu     Turaki Of Ilorin     Peculiar Allowance     Baba Isale     Ishaq Salman     Suleiman Rotimi Iliasu     Public Holiday     Otuka     Surajudeen Akanbi     Joseph Offorjama     Oloruntoyosi Thomas     Code Of Conduct Bureau     Na\'Allah     Old Oyo     Alaiye     Bolakale Saka     Kwara State Fire Service     Olatunde Olukoya     Ogbondoroko     NNPP     Suraj Tunji Oyewale     Offa Poly     Benin Republic     Ibrahim Issa Jetti     Omoniyi Ayinla     Idris Garba     Olaosebikan     April 11     Hijab     Albert Ogunsola     Abdulraheem Olesin     Mahmud Babatunde Baker     Sa\'adu Gambari     IEDPU