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.

Alliance For Democracy     Sherif Shagaya     Abdulkadir Orire     Lawal Arinola Kudirat     Diagnostic Centre     Olatinwo     John Obuh     Federal Allocation     Okin Biscuit     Dorcas Afeniforo     Umaru Saro     Iponrin     Aminu Ado Bayero     Ilorin West/Asa Federal Constituency     Kpotum Mohammed Baba     Lanre Issa-Onilu     Amuda Aluko     Ileloke     Ibrahim Gambari     Akom Construction And Engineering Synergy Ltd     Sheikh Alimi     Prince Sunday Fagbemi     Michael Imoudu National Institute For Labour Studies     Vasolar Consortium     Logun     Segun Ogunsola     YAKOOYO     IF-K     Muhammed Abdullahi     Sa\'adu Salau     Abegunde Goke     Ilorin East/South Federal Constituency     Ndama Al-hassan     Oya State     Azeez Salawu     Ganiyu Abolarin     Ayeyemi Sulaiman     Hamid Bobboyi     Peter Obi     Rashidi Yekini     Kamoru Kadiri     Twitter     QuickWin     Basit Olatunji     Muhammed Aliyu     Law School Scholarship     Sadiq Umar     Modupe Oluwole     Hamidat Sulyman-Yusuf     Abdulfatah Ahmed     Plat Technologies Limited     Kudirat Arinola Lawal     Senate Presidency     Abdul-Rasheed Na\'Allah     Freshvine Nigeria Limited     Cornelius Fawenu     College Of Health     Umar Saro     Esuwoye     Aliyu Olatunji Ajanaku     Zulkifli Ibraheem     Abdulmumini Jawondo     Bola Ahmed Tinubu     Olatomiwa Williams     Kwara South     Jamila Bio Ibrahim     Yahaya Jibril Usman     Baaziki Sulaiman     Gbugbu International Market     Kwara Polytechnic     Special Adviser On Digital Innovation     Ayinde Oki     MINILS     Siddiq Adebayo Idowu Salawu     Ibrahim Oniye     Y.A. Abdulkareem     Mohammed Lawal    

Cloud Tag: What's trending

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

Lanre Issa Onilu     Idris Garba     Yusuf Badmus     Ibrahim Abduquadri Abikan     Association Of Kwara State Online Media Practitioners     Sarkin Malamai     Simeon Sule Ajibola     Saadu Yusuf     Boko Haram     Lawal Olohungbebe     Col. Ibrahim Taiwo     Patigi Regatta     Olayinka Jelili Yusuf     Adijat Adebiyi     Agbarere     NIPR     Harmony Holdings     April 11     General Tunde Idiagbon International Airport     Kayode Yusuf     Oko-Erin     Dumagi     3MTT     Abubakar Kawu Baraje     Mamatu Abdullahi     Local Government     Galland Marcias     Dan Iya     Park     Maimunat Oloriegbe     Sobi     Mahmud Durosinlohun Atiku     Issa Oloruntogun     Kawu Baraje     Balogun Ajikobi     Razak Atunwa     Tunji Moronfoye     Sarah Jubril     Balogun Gambari     Gafaru Olayiwola Olorisade     Ilorin South     Bayo Ojo     Muhammad Sirajo Aliyu     Isiaka AbdulRazaq     Seed Technologies     Mutawalle     Sanitation Exercise     Kale Kawu     Peculiar Allowance     Oba Mogaji Abdulkadir     Suleiman Ajadi     Bio Ibrahim     Mufutau Gbadamosi Esuwoye     Funmilayo Braithwaite     Guber Aspirant     Fawenu     Amina El-Imam     Saeedat Aliyu     Yaman     Sa\'adatu Modibbo-Kawu     Valsolar-Kwara Company Limited     Noah Yusuf     Temitope Ogunbanke     Aremu Bose Deborah     Ibrahim Mohammed     Yahaya Seriki Gambari     Kwara Hotel     Tunji Olawuyi     Bureau Of Lands     Rihanat Ajia     Tsaragi/Share     Olatunde Oyeyiola     HAMFAT Clinic And Maternity     Rabiu Kwankwaso     Oba Of Jebba     Neo Mundo Ltd     Waziri Yakubu Gobir