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.

Al-Hikmah University     Oju Ekun Sarumi     Ndakene     Oke-opin     Charcoal     Wahab Isa     Idris Amosa Oladipo Saidu     Rebecca Olanrewaju     Eleja Taiwo Banu     Hussein Oloyede     Women Radio     Mohammed Lawal Bagega     Abdulazeez Arowona     Aishat Mohammed Lawal     Metro Park     Olatunji Ayeni     Saheed Popoola     General Hospital, Ilorin     Abubakar Abdulraheem     Olokoba Sulyman     Special Agro-industrial Processing Zone     Asa     Bola Iyabo Ibiyeye Adisa     Saudat Abdulbaqi     Abdulrasheed Na\'Allah     Oluwarotimi Boluwatife Adenike     Halimah Perogi     Taofeeq Olateju     Bayo Mohammed Onimode     Bilikisu Oniyangi     Yomi Adeboye     Muyideen Ajani Bello     Opolo Global Innovation Limited     Saba Jibril     Kayode Ibrahim     Umar Adelodun     Garba Idris Ajia     Unilorin     Sidikat Akaje     Summit University     Village Alive Development Association     Yaman     Ilorin Water Reticulation     AbdulKareem Yusuf Danhawa     Ahmed Shuaib Buranga     Funmilayo Mohammed     Alfa Belgore     Umar Yakubu Jaja     Yetunde Balogun     Simeon Sayomi     General Hospital, Offa     School Of Nursing     Ibrahim Abdullahi     Ridhwanullah Al-Ilory     Centre For Community Empowerment And Poverty Eradication     Oyelere Oyinloye     Stephen Fasakin     Ibrahim Abiodun     Valsolar Consortium     Revenue Court     KWASSIP     Segun Ogunsola     Ekiti     Olatunji Abdulmumeen     Bayer Nigeria Limited     Kwara State Geographic Information Service     Kwara Coalition Of Business And Professional Associations     Abdulganiyu Salahudeen     Hauwa Nuru     Khadijat Ayoola Yusuf     Kunbi Titiloye     Popo-Igbonna     Colleges Of Education Academic Staff Union     MINILS     Ebola     Suleiman Mora Omar     Lanre Aremu    

Cloud Tag: What's trending

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

Ambassador Kayode Laro     Code Of Conduct Bureau     Igosun     Ohoro Of Shao     Neuropsychiatric Hospital     Muyiwa Oladipo Kanu     Nigerian Supreme Council For Islamic Affairs     Oyin-Zubair     Adeola Abraham     Kwara Liberation Group     Gambari     Ilorin Curfew     Abdul Jimoh Mohammed     Monsurat Omotosho     Bayo Ojo     Ojuekun Sarumi     Sulyman Tejidini     Harmony Holdings     Magaji Are     Kayode Zubair     Lukman Oyebanji Fagbemi     Yahaya Dumoye     Kwara Hotel     Kolade Solagberu     Yemi Osinbajo     Segun Olawoyin     Ilorin Likeminds Foundation     Oyedun Juliana Funke     Jare Olatundun     Kwara Restoration Project     Rueben Parejo     Tunji Moronfoye     Christopher Tunji Ayeni     Buari Edun     Temi Kolawole     Countryside Emerging Leaders Fellowship     Joseph Offorjama     Rafiu Ibrahim     Sheu Ndanusa Usman     NNPP     Isiaka Oniwa     Mahmud Ayinla Giwa     Iyabo Dupe Adekeye     Amosa     Ndakene     Taiwo Joseph     Aisha Abodunrin Ibrahim     Galadiman Ngeri     Ahmad Olanrewaju Belgore     Abubakar Ndakene     Prince Bola Ajibola     Esuwoye     Hakeem Idris     Valsolar-Kwara Company Limited     Ishola Balogun Fulani     Bello Abubakar     Ibraheem Adeola Katibi     Talaka Parapo     BIR     Mahmud Babatunde Baker     Justina Oha     Ariyo     Amoyo     Adebara     Haruna Olawale Sulaiman     Clara Nwachukwu     Abdulrauf Aliyu     Abiodun Oyedepo     Obuh     Facemasks     Yahaya Jibril Usman     Abdulquawiy Olododo     Kupchi Hosea Maxwell     Aliyu U. Tilde     Third Estate     Solomon Edojah     Abdulrazaq Sanni