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.

Haleeman Salman     Sobi Hill     Umar Ayinla Saro     Isiaka Alikinla     Kannike     Oyun     Abdullahi Saadudeen Alikinla     Yashikira     Harmony Holdings     Communication Network Support Services     Coronavirus     Ganiyu Taofiq     Clement Yomi Adeboye     Ibrahim Sulu Gambari     Bolakale Kawu     Adeleke Ogungbe     Onilu     Ayeyemi Sulaiman     Aminat Omodara     Oladimeji Thompson     Florence Saraki     Kwara South     Garba Ayodele Wahab     Towobola Abdulrahman Toyin     Sheikh Alimi     John Dara     Abdulkadir Orire     Aisha Gobir     Ayodele Shittu     Habeeb Abdullahi Al-Ilory     Yusuf Zulu-Gambari     Alumni Association Of The Federal Polytechnic Offa     Shettima Of Ilorin     Yahaya Abdulkareem     Lola Ashiru     Ilorin Like-Minds     International Aviation College     Abdulfatah Ahmed     Owo Arugbo     Pacify Labs     Ibrahim Jawondo     Ojo Isekuse     Roseline Oni Aremu     Manzuma     Saduki Lafiagi     Rebecca Olanrewaju     Oba Abdulrahim     Suraj Tunji Oyewale     AbdulRasaq Abdulmajeed Alaro     Iyabo Adewuyi     Modibo Kawu     Islamic Development Bank     Bashir Adigun     Ayinde Oki     Nurudeen Muhammed     Ike Ekweremadu     Aminu Adisa Logun     Ahmad Fatima Bisola     Salihu Alhaji Musa     Mohammed Tunde-Jimoh     Kaiama     Coalition Of Kwara North Groups     Oba David Oyerinola Adedunmoye     Solomon Edojah     Yoonus Lawal     David Adesina     Adedayo Yusuf Abdulkareem     Col. Adedipe     Abdul-Rahoof Bello     The Herald     Kola Adesina     Bukola Saraki     Abdulrahman Onikijipa     Centre For Digital Economy     Saka Abimbola Isau     Abdulrazaq Sanni     Hassan A. Saliu    

Cloud Tag: What's trending

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

Prince Mahe Abdulkadir     Kwarareports.com     KSIRS     Standard Organization Of Nigeria     Gbenga Awoyale     Shao     Hausa     Isiaka Alikinla     Olabode George Towoju     Ghali Muhammed     Binta Abubakar-Mora     Toyin Falola     Yusuf A. Usman     Ahmed Bolaji Nagode     Bello Oyebanji     Okin Malt     Sabitiyu Grillo     Atiku     Forgo Battery     Abubakar Baba     Salake     Abdullahi Adisa Akodudu     Omoniyi M. Ayinla     Reuben Paraje     Habeeb Saidu     Alaro     Yusuf Ali     Democracy Day     Leke Ogungbe     Goodluck Jonathan     Agbarigidoma     Doyin Agbamu     Elections     John Mayokun Dada     National Democratic Congress     Wahab Kunle Shittu     Tinubu Legacy Forum     UTME     Aliyu Alhassan     Bank Of Industry     Abubakar Ndakene     Aisha Ahman-Pategi     John Obuh     Quareeb Islamic Association     Federal College Of Education (Special), Afon     Abubakar Abdulraheem     Igbomina     Kulende     Ahmed Idris Mohammed     Mufti Of Ilorin     NaAllah     Shola Odetundun     Shagari     Nigeria Foundation For Artificial Intelligence     KWSIEC     Tafida     PPS     Aiyedun     Aro Yahaya     Jani Ibrahim     Ijagbo     Ishak Mohammed Sabi     Abdullahi G. Mohammad     Lateef Alagbonsi     Kumbi Titiloye     Femi Agbaje     Www.Kwarareports.com     Law School Scholarship     Student Learning Support Helpline     Rapheal Ashaolu     Vasolar Consortium     Post-utme     Dauda Adesola     Memunat Monsuma     Raymond Olaitan     Umar Ahmed Gunu     Durbar Festival