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.

Alapado     Zaratu Umar     Medview Airlines     Abdulquawiy Olododo     Mohammed Halidu     Elewu     Federal Neuro-Psychiatric Hospital     Samuel Elizabeth Keatswa     Dan Masanin     Bashir Adigun     Public Holiday     Lasiele Alabi Yahaya     Henry Makinwa     Mazars Consulting     Kuliyan Geri     Kola Shittu     Oladimeji Thompson     Basit Olatunji     Plat Technologies Limited     Abdulrauf Aliyu     Alabere     Kwara State Fire Service     NNPP     TVC Female National Debate     Kawu     Onilu     Isiaka Gold     Gbenga Awoyale     Universal Basic Education Commission     Rotimi Atere     Olatunde Michaels     Abubakar Ndakene     Oyedun Juliana Funke     Kulende     Yusuf Lanre Badmas     Geri-Alimi Split Diamond Interchange     Asiwaju Bola Tinubu     Www.Kwarareports.com     Kaosarah Adeyi     Salihu S. Yaru     Bello John Olanrewaju     Elerin Of Erin-Ile     Sola Saraki University     Ladi Hassan     Ijagbo Health Centre     Abdulmajeed Wahab     Mahmud Durosinlohun Atiku     Muftau Akanbi Oke     Balogun-Ojomu     Yusuf Amuda Aluko     Sheikh Alimi     Mamman Saba Jibril     Taibat Ayinke Ahmed     Omar Bolaji Gambari     Kwara State Television (KWTV)     Gani Saadu     Kwara Pdp     Shettima     Abdulrauf Yusuf     Osuwa     Christopher Tunji Ayeni     Adekunle David Dunmade     Risikat Lawal     Issa Baba     Oladipo Akanmu Tolani     Issa Memunat Moyosore     Niguel Gallando Marcias     Iqra Books     Hamid Bobboyi     Maryam A. Garuba     Folajimi Aleshinloye     Sa\'adatu Modibbo-Kawu     Magaji Nda     Abdulganiyu Oladosu     Kemi Adeosun     Ramadan     Oba Abdulraheem    

Cloud Tag: What's trending

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

Makama     Suleman Abubakar     Abubakar Abdulraheem     Segun Olawoyin     Christian Association Of Nigeria     Ahmed \'Lateef     Adewuyi Funmilayo     Kudirat Arinola Lawal     Memunat Monsuma     Yahaya Abdulkareem Babaita     Medinat Folorunsho Salman     Law School Scholarship     AGILE Programme     Abdulhakeem Adelaja Amao     Ibrahim Abdulqadir Abikan     Ilesha-Gwanara     Adaramaja     Ndama Al-hassan     Issa Baba     Gbugbu     Adeola Abraham     Taofik Abiodun Ahmed     Yusuf Abdulwahab     Ahmad Lawan     Towobola Abdulrahman Toyin     Lucky Omoluwa     Dele Belgore     AbdulGaniyu Kareem     Toyosi Thomas     ITP     Haliru Dantoro     Prince Mahe Abdulkadir     Ajike People Support Centre     Bayo Mohammed Onimode     Adebayo Mohammed Kamaldeen     Abdulrazaq Akorede     Unicontinental Construction Company     Agbarere     High Court     Odo-Owa     Idris Garuba     Saliu Ajia     Oniyangi     Olushola Saraki     Oloriegbe     Funmi Salau     Balogun-Ojomu     Iyabo Adewuyi     Irepodun     Muhammed Mahe Abdulkadir     Alfa Modibo Belgore     Amuda Bembe     Ishaq Salman     Undergraduate Bursary     Marufat Oladosu     Bond     NURTW     Olaiya Zuberu     Abdulmalik Bashir Mopelola Risikatullahi     Code Of Conduct Tribunal     Olawuyi     M.Y. Abdulrahaman     Wasiu Odewale     C2c@kwarastate.gov.ng     HAMFAT Clinic And Maternity     Ilorin Durbar     Onilorin Of Ilorin     Atunwa     Ajibola Ademola Julius     Kwara State Infrastructure Development Fund     Alagbado     Mohammed Ajia Ibrahim     Bilikisu Gambari     Bluenile Associates     Abdul-Rahoof Bello     Moronfoye     Balikis Jawondo