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.

Galland Marcias     Amos Sayo     Code Of Conduct Tribunal     Oye Tinuoye     Saka Onimago     JAAC     Lateef Alagbonsi     Yusuf Ali     Tope Daramola     Abubakar Aliagan     Plat Technologies Limited     Kwara State University Of Education     Ilorin South Constituency     Ibrahim Gambari     Agbarere     Modibo Kawu     Siraj Oyewale     Amuda Musbau     Razaq Ayobami Akanbi     Lawal Olohungbebe     Abdulquawiy Olododo     Orire     Taofeek Ibraheem     Saliu Ajia     Special Agro-Industrial Hub     Oke-Odo     Fatimat Saliu     Computer Based Test     Kwara Politics     Saidu Isa     Lanre Badmas     Nigerian Army     Alapado     Sulu Babaita Isiaka     Abdulrahman Iliasu     Earlyon Technologies     Theophilus Oyebiyi     Offorjama     Idris Amosa Oladipo Saidu     Hassan Taiye Salam     Jimoh Saadudeen Muhammed     Ibrahim Akaje     Shehu Salau     Shonga     KWIRS     Ezekiel Yissa Benjamin     Ilorin West     Danladi     Deji Ajani     Saidu Kawu     Emir Of Kano     Habeeb Saidu     Oloje     Ibrahim Taiwo Road     Vasolar     Agbarigidoma     CCB     Post Utme     Muhammad Sirajo Aliyu     FERMA     Babaloja-General     Ilorin Talaka Parapo     Share/Tsaragi     Bashir Omolaja Bolarinwa     IDPU     Tunde Idiagbon Road     AbdulFatai Adeniyi Dan-Kazeem     Democracy Day     Issa Oloruntogun     Omupo     Mope Dasuki Belgore     Rafiu Olasile     NaAllah     Ibraheem Adeola Katibi     Omu-aran     Tunde Mukaila Mustapha     Salihu S. Yaru    

Cloud Tag: What's trending

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

Bolaji Gambari     Ibraheem Abdullateef     Kwara Hotel     Yahaya Dumoye     Lawan     Pius Abioje     Tayo Alao     Nagode     Idris Amosa Oladipo Saidu     Aminat Omodara     Makama Of Ilorin     Shero     Zubair Folorunsho Erubu     T And K FOODS     New Model Police Station     Ayo Salami     Titus Suberu-Ajibola     Rafiu Olasile     David Adesina     Gobirawa     Abdullateef Abdussalam     Magaji Erubu     Hijaab     NSCIA     Ezekiel Yissa Benjamin     Mukhtar Shagaya     Mutawalle     A.O. Belgore     Muazam Nayaya     UTME     Saheed Akinwumi     V.O. Abioye     Hamidat Sulyman-Yusuf     Umar Yakubu Jaja     Bello Taoheed Abubakar     Hassan Taiye Salam     Ojo Fadumila     David Oyepinola Adedumoye     Baboko Primary School     Abdulrahman Abdulrasak     Saad Belgore     Rotimi Samuel Olujide     Rebecca Bake     Oro Grammar School Old Students Association     Mohammed Khadijat Kubura     Veterinary Teaching Hospital     New Nigeria People’s Party     Abdulkarim Adisa     KWACOBPA     Olubukola Kifayat Adedeji     Wahab Kunle Shittu     Babs Iwarere     Bolaji Aladie     Federal Road Maintenance Agency     Abdulsalam Firdaous Amosa     Yahaya Abdulkareem     Asa     Alimi Abdulrazaq     Flights To Ilorin     Ilorin Amusement Park     Shaaba Lafiagi     GANZY     Kaiama     Village Alive Development Association     Babatunde Ajeigbe     Monthly Sanitation     SDP     Adamu Atta     Olofa Of Offa     Aminu Ado Bayero     Ahmad Olayiwola Kamaldeen     Abdulkadri Ahmad Alaiye     Mufutau Olatinwo     Tricycle Owners Association Of Nigeria     Olaitan Buraimoh     Saka Saadu     Adebayo Salami