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.

Ajibola Saliu Ajia     Curfew     Bamidele Adegoke Oladimeji     Okanlawon Taiwo     Joseph Daudu     SDP     Kamaldeen Ajibade     Segun Ogunsola     Tayo Alao     Dar-Al-Handasah Consultants     Kulende     Saliu Shola Taofeek     Ibrahim Abdulqadir Abikan     Micheal Imoudu     Magaji Nda     Wahab Femi Agbaje     Toun Okewale-Sonaiya     Jimoh Akani     Emir Of Kano     Durbar     Olusola Saraki     Yusuf Lawal     Arca Santa     Akande Idowu Ayoola Muhammed     Zaratu Umar     Abdulwaheed Musa     Rabiu Kwankwaso     SUBEB     Chief Imam Of Omu-Aran     Amusa Bello     Bola Magaji     Iyiola Oyedepo     Okanlawon Musa     Riskat Opakunle     Illyasu Abdullahi     Aasiyat Bello Oyedepo     TESCOM 2025     Umar Adelodun     Suleiman Rotimi Iliasu     ANCOPPS     Jawondo     Folashade Omoniyi     Gbemi Saraki     KWSUED     Kale Kawu     Harrison Osauwagboe     Allocation     Offa Metropolitan Club     Roseline Oni Aremu     Ambassador Kayode Laro     Bashir Adigun     Gabriel Fashanu     Lithium     Funmilayo Mohammed     Odogun Olushola Gabriel     Ballah     Police Commissioner     Zara Umar     Ibrahim Taiwo Road     Arandun     Nnazua     Kolawole Akande     Funmilayo Isiaka Oniwa     Ilesha-Baruba-Gwanara     Samuel Elizabeth Keatswa     Yahya Mohammed     Olabimpe Olani     Shettima     C2c@kwarastate.gov.ng     Florence Saraki     Joana Nnazua Kolo     John Mayokun Dada     Kpotum Mohammed Baba     Peter Obi     Ahmed Ayinla Jimoh     Ahmad Lawan     Muhammad Toyin Sanusi    

Cloud Tag: What's trending

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

Yahaya Dumoye     Halimah Perogi     Amasa     Sabi     Ilesha-Baruba     Yusuf Ibitokun Sherifat     Www.Kwarareports.com     David Oyerinola Adedunmoye     Mumeen Lah     Salihu Jibril Garbi     Aliyu Muhammed     Esinniobiwa Quareeb     Danhawa     Bamikole Omishore     Yusuf Abdulwahab     Orire     Okanlawon Taiwo     Onilorin     Royal FM     Hakeem Idris     John Olajide Adedipe     Habeeb Abdullahi Al-Ilory     Sobi Hill     Charcoal     Marufat Oladosu     Split Diamond Interchange     Oyin-Zubair     Haliru Yahaya     Shonga     CUTI     Balogun Gambari     Umar Saro     Alabi Olayemi Abdulrazak     Wahab Femi Agbaje     Bursary     Prince Sunday Fagbemi     Abdulwaheed Musa     Vasolar     Oba-Solagberu     IQRA College     Egbejila     Jumoke Monsura Gafar     Kayode Ogunlowo     Olaiya Lawal     Christopher Odetunde     Medview Airlines     Hussein Oloyede     RTEAN     Ejidongari     Orisun Igbomina     Muhammed Abdullahi     Taibat Ayinke Ahmed     Al-Hikmah Radio     Adekunle David Dunmade     Tuesday Assayomo     Ibrahim Abdulkadir Abikan     Kwarareports.com     Baruba     Kwara State Sports Commission     Nagode     Wasiu Odewale     Saliu Ajia     Oke-Kura     Sunday Otokiti     International Public Sector Accounting Standards     Share/Tsaragi     Iliasu     Abdulmumin Yinka Ajia     Kupchi Hosea Maxwell     Alore     Esuwoye     Goodluck Jonathan     Bola Tinubu     Oluranti Idowu     Buari Edun     Ishola Moses Abiodun     Oke-Oyi