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.

Nigeria Computer Society     Kwara Primary Health Care Development Agency     Ilorin Descendants Progressive Union     Oyedepo     Ahmed Shuaib Buranga     Kisra     Kolawole Bashirat     Adeola Abraham     Jimoh Bashir     Muslim Media Watch Group Of Nigeria     Saliu Ajibola Ajia     Computer Based Test     Idiagbon     Academic Staff Union Of Universities     Yetunde Balogun     Sun Qing Rong     NIPR     Abdulrauf Aliyu     Dankaka     MalHub     Soffiyyallah Kamaldeen     International Aviation College     Orire     Wahab Kunle Shittu     Boko Haram     Muhammadu Buhari     Budo Egba     Oke-Oyi     Samuel Elizabeth Keatswa     Arinola Lawal     Sobi     11th Galadima     Bolaji Nagode     Lateef Fagbemi     2023 Elections     Muhammed Aliyu     Abegunde Goke     Kwara State Television     Abdulazeez Arowona     Gobir     Rotimi Samuel Olujide     Labaeka     COVID     Ijagbo Health Centre     Ibrahim Abdullahi     Erin-ile     Wahab Femi Agbaje     Mustapha Olanipekun     Elerin Of Erin-Ile     Lukman Adeloyin     Oluwatoyin Lukman     CCB     Oladipo Akanmu Tolani     Pius Abioje     Muhammad-Mustapha Suleiman     Yaman     Olatunde Olukoya     Maigida Soludero Transit     Aliyu Alhassan     Tunji Oyawoye     Fatai Olodo     Oniwasi Agbaye     Countryside Emerging Leaders Fellowship     Aliyu Kora Sabi     Agboola Abdulraheem     Roseline Oni Aremu     Oba Sulaiman Asude     Minimum Wage     Medview Airlines     Ridwan Agboola     Congress For National Consensus     Saeedat Aliyu     Samuel Olusegun Adedayo     Kwara Restoration Project     EFCC     Funmilayo Oniwa     Economic And Financial Crimes Commission    

Cloud Tag: What's trending

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

Shuaib Jawondo     Kwara State Fire Service     Jelili Yusuf     Sheikh Alimi     Ahmed Idris Mohammed     Abdulrazaq Solihudeen     Kwara Poly     Assayomo     Yahaya Seriki     Bolakale Saka     Olohungbebe     Ekiti     Abdulrahman Onikijipa     Sanusi Abubakar     Dele Momodu     Alabere     Kayode Yusuf     Muslim Stakeholders Of Kwara State     Innocent Okoye     Boko Haram     Ilorin Like-Minds     Federal Allocation     CCEPE     Owo Isowo     Ilorin Anchor Men And Women     COVID     Aminu Ado Bayero     Ilorin East     Lafiagi     Sango-UITH Road     Ronke Adeyemi     Mutawali     Labaeka     Ope Saraki     Yakubu Dogara     Azeez Bello     Bolaji Aladie     Matthew Babaoye     Yusuf Babatunde Abdulwahab     Agboola Abdulraheem     SARS     Aremu Odolaye     Salake     Oro Grammar School     Bilikisu Gambari     Oasis Muslim Care Foundation     Jamila Bio Ibrahim     COVID-19 Palliatives     CCT     Abikan     Edu     Idris Amosa Oladipo Saidu     Dan-Kazeem     Oyin-Zubair     Oyelere Oyinloye     Raliat Islamic Foundation     All Confederation Of Principals Of Secondary Schools     Veterinary Teaching Hospital     Lukman Adeloyin     Haleeman Salman     Awoye     Igbaja     Alabe     Abiodun Musa Aibinu     Egbejila     Umar Ahmed Gunu     Afolabi-Oshatimehin     Oba Abdulrahim     College Of Arabic And Islamic Legal Studies     Wahab Olasupo Egbewole     Onilupeju Of Ilupeju     Kupchi Hosea Maxwell     Ahmed     Senate     Olufolake Abdulrazaq     Olomu     Eleyele