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.

Curfew     Ali Ahmad     Smart School     Abdul-Rahoof Bello     Mohammed Halidu     Kwara Teaching Service Commission     Aishat Mohammed Lawal     Folaranmi Aro     Aisha Gobir     Gbenga Adebayo     Florence Saraki     Idofin     Hydro-electric Power Producing Areas Development Commission     Moses Afolayan     Ahmed Bolaji Nagode     Fola Consultant     FERMA     Bola Sagaya     Senior Ibrahim Suleiman     Elerin Of Adanla Irese     Olawuyi     Jamiu Oyawoye     EFCC     Kwara State Council Of Chiefs     Abdullahi Saadudeen Alikinla     Sulyman Atolagbe Alege     Umar Ahmed Gunu     Emir Of Shonga     AbdulRazaq Jiddah     Abiodun Musa Aibinu     Budo-Egba     CELF     Ahmad Ali     NSCIA     Abdulrazaq Aiyelabegan     Simeon Sayomi     SWAN     Abdulazeez Arowona     Chief Imam Of Lafiagi     Kulende     Naira Redesign     KWSIEC     Valsolar Consultoria     Kwara Poly     Zaratu Umar     Ibrahim Jawondo     Yahaya Dumoye     Jeunkunu-Malete-Bani     Ilorin Talaka Parapo     Timothy Akangbe     Ballah     Usman Rifun     Hamidu Olowo     Kaosarah Adeyi     Olayinka Are     Tayo Awodiji     Saliu Oluwole     Ishaq Oloyede     Pakata     Mansurat Amuda-Kannike     NIPOGA     Tunji Olawuyi     Yahaya Muhammad     Anilelerin     Mamatu Abdullahi     Yusuf Badmus     Salau Kabiru Abdullahi     March 18     Moses Rahman Popoola     Titus Suberu-Ajibola     Saka Isau     Alliance For Democracy     Saeedat Aliyu     Aliyu Muhammad Saifudeen     Gabriel Fashanu     Alfa Modibbo Belgore     Yahaya Oloriegbe    

Cloud Tag: What's trending

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

Aiyedun     Markaz Arabic And Islamic Training Institute, Agege     NNPP     Olaiya Zuberu     Bashir Badawi     Minimum Wage     Musbau A. Akanji     Taiwo Joseph     Pacify Labs     Olokoba Abdullahi Ayinla     Valsolar-Kwara Company Limited     SSA Youth     Kwara Muslim Pilgrims Welfare Board     Ben Duntoye     Ilofa     Yakub Ali-Agan     Issa Oloruntogun     Kayode Ogunlowo     Photo News     Hamid Bobboyi     Harmony Holdings     Kehinde Boyede     Bayer AG     Abiodun Musa Aibinu     Christopher Ayeni     Senior Ibrahim Suleiman     Muyiwa Oladipo Kanu     Kayode Ishola     Joana Nnazua Kolo     Convocation Ceremonies     Olupako     Abdulfatai Baakini     Ademola Kiyesola     Alfa Modibbo Belgore     Wahab Issa     Tunde Idiagbon Road     AbdulRaheem Ahmad Shayi     Saadu Yusuf     Wahab Isa     Mamatu Abdullahi     Law School Scholarship     Salary     Olayinka Are     Ibrahim Issa Jetti     Arca Santa     Asa LGEA School     NAWOJ     Gbemi Saraki     Ayodele Olaosebikan     Radio Kwara     Awili Pedro     Ayeyemi Sulaiman     HYPPADEC     Salman Alada     NULGE     Ilesha-Baruba     UITH     Yakubu Dogara     Yusuf A. Usman     Kolade Solagberu     Moji Makanjuola     Abdulkadir Orire     General Tunde Idiagbon International Airport     Kabir Shagaya     Kwara Apc     Abdulwasiu Bolaji Adeyi     Demola Banu     Otunba Taiwo Joseph     Abdulrasaq Alaro     Ajibike Katibi     Jamiu Oyawoye     Abdullahi AbdulMajeed     Alaiye     Micheal Imoudu     Kayode Zubair     Ijakadi     Shagari