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.

Ishola Abdullahi     Arik     Khairat Gwadabe     Ministry Of Women Affairs And Social Development     Wasiu Onidugbe     Road Transport Employers Association Of Nigeria     Amoyo     Ashiru     Ilorin Metro Park     Kumbi Titilope     Adebara     Yinka Aluko     Yusuf Aiyedun     UTME     All Confederation Of Principals Of Secondary Schools     Alaaya     Countryside Emerging Leaders Fellowship     Bola Magaji     Ibrahim Mashood     Isiaka Oniwa     Oya State     Suwa-Arabs     Issa Manzuma     Onikijipa     Saka Onimago     3MTT     Raliat Elelu-Habeeb     CUTI     Amos Sayo     Roseline Oni Aremu     Joseph Yemi Ajayi     Oladipo Akanmu Tolani     ASMAU PLAZA     Babajide Ajayi     Michael Ologundea     Aisha Gobir     Babatunde Idiagbon     Saliu Shola Taofeek     Kwara Poly     Salman Alada     Muslimah Entrepreneurship Forum     Olaitan Buraimoh     Idris Garba     Kwara State University Of Education     Bureau Of Lands     Elerin Of Adanla     Moshood Kashimawo Abiola     Oba Sulaiman Asude     CACOVID Palliatives     Yomi Ogunsola     Yeketi     Ahmad Ali     Bayo Lawal     Gobir Organization Foundation     Basit Olatunji     Neuropsychiatric Hospital     Gobirawa     Wole Oke     Saliu Oluwole     Buhari     Igbomina     Kwara University Of Education     Kawu Baraje     Abdulrasaq Alaro     Chief Imam Of Ilorin     Allocation     Kishira     Esinniobiwa Quareeb     ENetSuD     Awoye     Mumeen Lah     Yusuf Amuda Gobir     Tanke Flyover Bridge     Kayode Ishola     KWTV     Yunus Lawal     Abubakar Aliagan    

Cloud Tag: What's trending

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

Raji AbdulRasaq     Abdul-Rasheed Na\'Allah     BIR     Ahmad Lawan     Oloje     Al-Hikmah Radio     VADA     Jumoke Monsura Gafar     Okiki     Markaz Arabic And Islamic Training Institute, Agege     Kwha.gov.ng     Niyi Osundare     Shoprite     Monthly Sanitation Exercise     Abubakar B.M     The Herald     Emir Of Lafiagi     Tafida Of Ilorin     Razak Atunwa     Oke-Odo     General Tunde Idiagbon International Airport Ilorin     Salihu S. Yaru     Femi Ogunsola     Abdulhakeem Amao     Allocation     11th Galadima     Patigi Regatta     Olokoba Abdullahi Ayinla     ASKOMP     TIC     Ahmed Shuaib Buranga     Muideen Olaniyi Alalade     Bolaji Abdullahi     Femi Gbajabiamila     Tuesday Assayomo     Shonga     Olayinka Jelili Yusuf     Idris Amosa Saidu     Salmon Babatunde Salmon     Just Law Forum     Prince Sunday Fagbemi     Oba David Oyerinola Adedunmoye     Ekweremadu     Park     Sheikh Ariyibi     Ebola     IYA YUSUF     Maigida Soludero Transit     Valsolar-Kwara Company Limited     Kwara State Coalition Of Business And Professional Associations     TESCOM     Abdulrazaq Sanni     Danladi     Ashiru     Saka Aleshinloye     Abdulraufu Mustapha     Abiodun Oyedepo     Oyedepo     Wahab Kunle Shittu     AbdulQowiy Olododo     Oloruntoyosi Thomas     Abdulkadir Akanbi-Oke     Towobola Abdulrahman Toyin     Azeez Salawu     Tunde Kazeem     Babaita     Durosinlohun Kawu     Playing Host     Shonga Farm Project     Abdulmajeed Abdullahi     Pategi     Mutawalle     Abdulrauf Yusuf     Elerin Of Erin-Ile     Oja-Oba     Olusola Saraki     Bolakale Kawu Agaka