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.

Salami Adekunle     Oba Abdulkadir La\'aro     SSUCOEN     Baba Adini Of Kwara State     Alikinla     Taibat Ayinke Ahmed     Aliyu Salihu     Shuaibu Yaman     Ahmed     Oniye     AbdulQowiy Olododo     Minimum Wage     Neuropsychiatric Hospital     Olabode Towoju     Admiralty Villa     Awwal Jawondo     New Naira Notes     Dumagi     Suleiman Abubakar     Kwara United     Prince Sunday Fagbemi     Sulyman Tejidini     Law School Scholarship     Abdulazeez Uthman     Damilola Yusuf     Abdulmumini Jawondo     AbdulRasaq Abdulmajeed Alaro     Sunday Popo-Ola     Alfa Belgore     Segun Adeniyi     Mamman Saba Jibril     Babajide Ajayi     Public Holiday     Ibikunle Ogunleye     Tsaragi-Share     Adesoye College     Iliasu     Yakubu Dogara     Fulani     Dar-Al-Handasah Consultants     Kwara State Football Association     Oniyangi     Balogun-Ojomu     TIC     Saliu Ajia     CLAY POT     Ayekale     Turaki     Binta Abubakar Mora     Agor Market     Ayinde Oyepitan     Isiaka AbdulRazaq     Bature Bello     Shuaib Boni Aliyu     Afonja Descendants Union     CCEPE     Budo-Egba     Saka Asiat Ayinke     Olukotun Of Ikotun     Saba Mamman Daniel     Ophthalmological Society Of Nigeria     Kehinde Baale     Olatunji Abdulmumeen     TESCOM 2025     Women Radio     Femi Ogunsola     KWSIEC     Lucky Omoluwa     Shagari     Adisa Logun     Fatimat Saliu     Okin Malt     Doyin Agbamu     Kwara State Council Of Chiefs     National Democratic Congress     Zaratu Umar     Kisira    

Cloud Tag: What's trending

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

Memunat Monsuma     Razaq Atunwa     Salau Kabiru Abdullahi     Segun Ogunsola     Lucky Omoluwa     Budo-Egba     AbdulFatai Adeniyi Dan-Kazeem     Usman Rifun     Sidikat Uthman Ajibola     Agboola Abdulraheem     Maigida     Kale Belgore     Bolaji Nagode     Kola Ologbondiyan     Ganmo Electricity Sub-Station     Ayodele Shittu     Onilorin Of Ilorin     Adedeji Onimago     Saka Saadu     Mahmud Ayinla Giwa     Mufutau Olatinwo     Senior Special Assistant On Student Affairs     Mansurat Amuda-Kannike     Noah Yusuf     Orire     Baboko     Samuel Olusegun Adedayo     Ndakene     Gbugbu International Market     Dauda Adeniran Adeshola     Arandun     Oluranti Idowu     Kwara Volleyball Association     Leke Ogungbe     Ahmed Mohammed Rifun     Unilorin     AbdulKareem Yusuf Danhawa     Kayode Oyin Zubair     Agboola Babatunde     Kwara Hotel     Smart School     Sabi     Sheriff Olanrewaju     Ilorin Emirate     United Nigeria Congress Party     Umar Danladi Shero     Quranic Recitation Competition     Saad Belgore     Toyin Abdullahi     Ayegbeni     Olota Of Odo-Owa     Musibau Akanji     Ayotunde Emmanuel Alao     Kassim Babamale     Trader Moni     Summit University     Bolaji Abdullahi     Jimoh Olusola Imam     Abdulganiyu AbdulAzeez     Barakat Community Secondary School     Abubakar Abdulraheem     Oladimeji Thompson     Abdulfatah Ahmed     Kulende     BECE     Mahee Abdulkadir     Kwara State Fish Farmers Association     Towoju     Abubakar Suleiman     Suraj Tunji Oyewale     Oluwatoyin Lukman     Afolabi-Oshatimehin Adenike Harriet     Shettima     Niyi Osundare     Doyin Group     Kolade Solagberu     Transition Implementation Committee