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.

KWSIEC     Titus Suberu-Ajibola     Adamu Ibrahim Sabi     Neo Mundo Ltd     Raliat Islamic Foundation     Riskat Opakunle     Emir Of Yashikira     Facemasks     Taiwo Joseph     Ahmad Olayiwola Kamaldeen     Omoniyi M. Ayinla     Ajakaye     Kwara South     Binta Abubakar Mora     Ijakadi     Olomu Of Omu-Aran     Kulende     Ghali Alaaya     Ahmed Mohammed Rifun     AbdulGafar Tosho     Abdulrauf Aliyu     Okin Group     SDP     Salmon Babatunde Salmon     T And K FOODS     March 28     Tayo Awodiji     Afetu Of Alabe     Muritala Awodun     College Of Health     Tunji Oyawoye     Kawu Baraje     Moronfoye     Ilorin Central Mosque     Abdullahi Adisa Akodudu     Saka Asiat Ayinke     Junior Secondary School Certificate Examinations     COVID     Omar Gambari     Lafiagi     Kupchi Hosea Maxwell     Abdulhakeem Amao     Mohammed Abduraheem     CCEPE     Damilola Yusuf     Mutawalle     Yusuf Abdulwahab     Sadiq Buhari     Borgu     Mohammed Abdulahi     Forgo Battery Company Limited     Yusuf Amuda Abubakar     Ajuloopin     Isaac Aderemi Kolawole     Salake     Oko Erin     Kumbi Titilope     Yahaya Oloriegbe     Bursary     Olayinka Oladapo Jogunola     Aliyu Muhammad Saifudeen     Earlyon Technologies     Turaki Of Ilorin     Eleyele     Ahmed Alhasssan     Mohammed Haruna     Akanji     Victor Gbenga Yusuf     Fulani     Eleja Taiwo Banu     Abubakar Imam     All Peoples Party     KWASSIP     Students Union Government     Adesoye     Ogbondoroko     Bolaji Gambari    

Cloud Tag: What's trending

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

John Olajide Adedipe     Okedare     Akom Construction And Engineering Synergy Ltd     Barakat Community Secondary School     Akeem Lawal     Alumni Association Of The Federal Polytechnic Offa     Yahaya Seriki     Ojo Isekuse     Timothy Olatunde Fadipe     A.E. Afolabi     MAI Akande     Balogin Alanamu     IQRA College     Solomon Edojah     MMWG     Kaiama     Abubakar Imam     Oba Of Jebba     Majlis For Sadakah, Zakat And Waqf     Tayo Alao     JUSUN     Kwara NIPR     Lola Ashiru     Muideen Olaniyi Alalade     Alagbado     Medview Airlines     Omoniyi Ayinla     Otoge     Lola Olabayo     Kanu Agabi     Suleiman Rotimi Iliasu     Park     Olatunji Moronfoye     Mope Dasuki Belgore     Salihu Yahaya     Abdulrosheed Okiki     Abdulganiyu Salahudeen     Isiaka AbdulRazaq     Yusuf Abdulwahab     Yunus Lawal     PPS     Musa Ayinla Yeketi     Mary Kemi Adeosun     Laolu Saraki     Muhammad Mustapha Suleiman     Raji Ayodele Kamaldeen     Joseph Yemi Ajayi     Leke Ogungbe     Mahmud Durosinlohun Atiku     Mohammed Khadijat Kubura     Rasheed Jimoh     Abiodun Oyedepo     Bamidele Adegoke Oladimeji     Omu-aran     A.O. Belgore     Adedipe     Sheikh Ariyibi     Kumbi Titiloye     Olatunji Abdulmumeen     Aisha Buhari     Salihu Ajia     Salary     Jelili Yusuf     Dumagi     Yakubu Mohammed Abdullahi     Lafiagi     Moronfoye     Raji AbdulRasaq     Afonja Descendants Union     NURTW     AIT Ilorin     Face Masks     Kunle Suleiman     Risikat Lawal     Alao Ayotunde     Bolakale Kawu     Abdulrazaq Akorede