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.

Funmilayo Zubair     Makama     Unilorin     Alfa Modibbo Belgore     Maigidasanma     Apado     Wahab Kunle Shittu     Diagnostic Centre     Tunji Arosanyin     Zulu Gambari     Sheikh Ridhwanullah     Olupako     NYSC     Principal Private Secretary     Olofa Of Offa     Shuaib Boni Aliyu     Rebecca Olanrewaju     Kassim Babamale     Ghali Muhammed     Mohammed Katsina Ahmed     Kola Adesina     College Of Education     Jimoh Lambe Abdulkareem     Shehu Adaramaja     Aasiyat Bello Oyedepo     Adamu Attah     Ella Supreme Tissue Paper     Olatunde Jare     Matthew Okedare     Ilorin Likeminds Foundation     Patigi Regatta     Apaola     Alimi     AbdulHakeem Ajibola Akanbi     Mustapha Olanipekun     AbdulHamid Adi     Asa     AbdulFatai Adeniyi Dan-Kazeem     Balogun Fulani     Facemasks     Fola Consultant     Tsado Manman     NIRSAL     Flights To Ilorin     Baboko     Bolaji Aladie     Bursary     Abdullahi Biffo     Abdulquowiyu Olododo     Abdulfatai Baakini     Obuh     Saeedat Aliyu     Ahman Patigi     Monthly Sanitation Exercise     Tricycle Owners Association Of Nigeria     Sherif Sagaya     Ubandoma Of Ilorin     Ajibike Katibi     Joseph Yemi Ajayi     Wahab Issa     Transition Implementation Committee     Muideen Olaniyi Alalade     Osinbajo     Umar Danladi Shero     Post-utme     Oye Tinuoye     Lanre Issa Onilu     Nurudeen Muhammed     Alaro     COVID     Abubakar Abdulraheem     Ojo Fadumila     Overland     Gbadeyan Gbadura Yomi     Victor Gbenga Yusuf     Omotoso Musa     Oniyangi    

Cloud Tag: What's trending

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

Yahaya Dumoye     Hijab     Ileloke     Elerinjare     Lateef Fagbemi     Afin Descendants Union Of Odo-Owa     Budo Egba     Folorunsho Erubu     Baba Issa Awoye     Mohammed Jimoh Faworaja     Egbewole     Naira Redesign     Clara Nwachukwu     Okin Biscuits     Ahmed     Lanre Issa Onilu     Local Government     Salihu Jibril Garbi     Olaiya Zuberu     Mumini Ishola Hanafi     Ronke Adeyemi     Dauda Adesola     Igbomina     Tunde Oyawoye     KWASAA     Shehu Alimi Foundation For Peace And Development     Fawenu     Post-utme     Obayomi Azeez     Afolasade Opeyemi Kemi     Adamu B. Yaqubu     Yahaya Seriki Gambari     Ibikunle Ogunleye     KWAFFA     Oloriegbe     Firdaos Amasa     Soffiyyallah Kamaldeen     Razak Atunwa     Kwabes     Awodun     Abdulraufu Mustapha     Lafia Aliyu Korasabi     Muazam Nayaya     Oke-Ode     Democracy Day     Mogaji Aare     Bolaji Aladie     Amina El-Imam     Omoniyi Ayinla     Ahmed Ayinla Jimoh     Yahaya Muhammad     Lanre Aremu     ER-KANG Mining Nigeria Company Limited     Ezekiel Yissa Benjamin     Bolakale Kawu Agaka     Oloye     Harmony Holdings     Gbemi Saraki     Raymond Olaitan     Ayinke Saka     Emir Of Ilorin     Ibrahim Mashood     Mohammed Yisa     Ilesha-Baruba-Gwanara     Ilorin Emirate Stakeholders Forum     Quarry Royal Valley     KFA     General Hospital     Millennium Development Goals     Post Utme     MalHub     Oko     Emir Of Kano     Toyosi Thomas     Odogun Olushola Gabriel     Garba Idris Ajia     Raji AbdulRasaq