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.

Abdulmutalib Shittu     Bolakale Saka     Adedipe     Temitope Ogunbanke     Ishola Balogun Fulani     SUBEB     Olaiya Zuberu     Oloriegbe     David Adesina     Ibrahim Bio     John Dara     Toyin Olayinka Tejidini     Abdulfatah Ahmed     Alaiye     Yahaya Abdulkareem     Zubair Folorunsho Erubu     Binta Sulyman     Aisha Abodunrin Ibrahim     Olatunji Bamgbola     C2c@kwarastate.gov.ng     Siraj Oyewale     Ibrahim Oniye     Jimba Babatunde     Oni Adebayo     Suleman Abubakar     Unilorin FM     Tanke     Oyedun Juliana Funke     Amos Justus Sayo     Mohammed Lawal     Joshua Adeyemi Adimula     Yunus Lawal     ITP     Senior Special Assistant On Student Affairs     Iyaloja-General     Yusuf Badmus     Isiaka Rafiu Mope     Charles Ibitoye     Abdulmumin Yinka Ajia     Bashir Adigun     Women Radio     Quranic Recitation Competition     Adijat Adebiyi     Olayinka Oladapo Jogunola     Funmilayo Oniwa     Umar Danladi Shero     Sardauna     Wole Oke     Ojo Fadumila     Bisi Oyeleke     Afonja Descendants Union     Emir Of Yashikira     Mohammed Ghali Alaaya     Alfa Yahaya Road     Ajikobi     Maigidasanma     Dorcas Afeniforo     Paul Olawoore     Wale Oladepo     Osi     Wahab Abayawo     NFAI     KWACOBPA     Niyi Ogundiran     Coronavirus     Tunde Yusuf     Forgo Battery     Government High School Adeta     Kehinde Boyede     Abdulrazaq Adebayo     Yetunde Balogun     Isin     Alimi     Old Oyo     Nigerian Correctional Service     Dauda Adeniran Adeshola     Vasolar    

Cloud Tag: What's trending

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

Kwara 2015     SAPZ Project     Iliasu     Offa     Yahaya Seriki     Marufat Oladosu     Bilikisu Oniyangi     Doyin Awoyale     Aminu Adisa Logun     Ganmo     Kwara Consultative Forum     Monthly Sanitation     George Funsho Adebayo     Oro Grammar School     TETFUND     Kabir Shagaya     Olaiya Zuberu     Peter Obi     Senior Special Assistant On Student Affairs     Sodiya     Ayo Opadokun     Matthew Okedare     PharmAccess Foundation     Iyiola Oyedepo     Issa Manzuma     Yashikira     Bello Oyedepo     Kawu Baraje     Salmon Babatunde Salmon     Haliru Dantoro     Olumide Daniel Ibitoye     Elerin Of Adanla Irese     United Nigeria Congress Party     Bello John Olanrewaju     Ileloke     Zaratu Umar     Abdulkarim Adisa     Ayo Salami     Emmanuel Olatunji Adesoye     JUSUN     Al-Hikmah University     Ahmad Ali     Ibrahim Oniye     Naira Redesign     Oro Grammar School Old Students Association     Sheikh Alimi     Muhammad Akande Olarewaju Odunade     Alabi Olayemi Abdulrazak     Emmanuel Bello     Amos Bajeh     Adedeji Onimago     Oye Tinuoye     Emir Of Kano     Alfa Belgore     Toyin Sanusi     Nigeria Foundation For Artificial Intelligence     Emir Of Yashikira     Umar Sanda Yusuf     Lithium Deposit     National Broadcasting Commission     Sebastine Obasi     TIC     Gbemi Saraki     Tafida     Suleman Abubakar     Ibrahim Abiodun     Photo News     Edu     Col. Adedipe     Yusuf Aiyedun     Muhammed Abdullahi     Yaman     Ilorin Emirate     Offorjama     Abdulwaheed Musa     Femi Oladiji     Lanre Aremu