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.

Esinrogunjo     Okeose Christian Cementary     Olupako Of Share     KWASAA     MATTA Girls Foundation     MAI Akande     NTA Ilorin     Funmilayo Oniwa     NFAI     Sheikh Ridhwanullah El-ilory     Sulu Gambari     Communication Network Support Services     Saliu Alamoyo     Imodoye Writer’s Enclave     Iliasu     Afonja     Abdulraufu Mustapha     Durosinlohun Kawu     First Lady     Kwara Poly     T And K FOODS     Sardauna     Afolabi-Oshatimehin     Sheriff Olanrewaju     Adesina Simon Sodiya     SGBN     Tafidan Kaiama     Akeem Lawal     Tafida Of Kaiama     Abdulazeez Uthman     Doyin Agbamu     Pius Abioje     Kolade Solagberu     Monsurat Omotosho     Government High School Adeta     Waziri Yakubu Gobir     Isiaka Danmeromu     Chartered Institute Of Personnel Management Of Nigeria     Moji Makanjuola     Valsolar     Rice Farmers Association Of Nigeria     Amosa     Ola Falade     Rashidi Yekini     Bluenile Associates     Bature Bello     Durbar     Gambari     IFK     Moses Afolayan     Col. Taiwo     Iyaloja-General     Florence Saraki     Baakini     Isin     Labour Party     Olomu Of Omu-Aran     Elerin Of Adanla     Fareedah Dankaka     Zulkifli Ibraheem     Mohammed Saidu     Orire     Yemi Sanni     Labaeka     Jalala     Public Holiday     Medview Airlines     Kwara State Pension Board     IEDPU     Abdulkadir Jimoh     Sheikh Ridhwanullah     Tanke Flyover Bridge     Dagbalodo     UNILORIN Alumni Association     Buhari     Offa Metropolitan Club     Presidential Election    

Cloud Tag: What's trending

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

Ahmed Mohammed Rifun     Frootify     Lawal Olohungbebe     Adamu Atta     Arinola Fatimoh Lawal     Jebba     Kunle Suleiman     TETFUND     Revenue Court     Gamji Members Association     Abdulrahman Iliasu     NaAllah     Atiku     Gobir     Doyin Agbamu     QuickWin     Mohammed Yahaya Barki     Funmilayo Braithwaite     Garba Dogo     Folorunsho Erubu     Apado     Monkey Pox     Akorede     Obayomi Azeez     Wahab Agbaje     Vasolar Consortium     Yusuf Amuda Aluko     Kwabes     Nurudeen Mohammed     Government High School (GHS), Adeta     Sarakite     Matthew Okedare     Lola Ashiru     Saadatu Modibbo-Kawu     Isaac Aderemi Kolawole     Coronavirus     MATTA Girls Foundation     Halimat Yusuf     David Adesina     A.G.F Abdulrasaq     Maigida Soludero Transit     Shonga Farm Project     Rapheal Ashaolu     Aiyedun     AbdulRazaq Abubakar Jiddah     Ilorin Durbar     Ifelodun     Salihu Ajibola Ajia     Afonja Descendants Union     Isiaka Saka Opobiyi     ARMTI     Ezekiel Yissa Benjamin     C2c@kwarastate.gov.ng     Basit Olatunji     Amada Jidda     Abdulkadri Ahmad Alaiye     Curfew     Oluwole Dupe     Yahaya Jibril Usman     Ahmad Olayiwola Kamaldeen     Mamman Saba Jibril     Sam Onile     Taofik Mustapha     Nupe     Joseph Alex Offorjama     Aso-ofi     Taofeek Ibraheem     Abdulmumini AbdulRazaq     Yusuf Amuda Abubakar     Issa Memunat Moyosore     Muyideen Ajani Bello     V.O. Abioye     Femi Oladiji     Share-Tsaragi     Kolade Solagberu     Bamidele Adegoke     Tsaragi