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.

Sun Qing Rong     Mary Arinde     Rashidi Yekini     Isiaq Khadeejah     Olatunde Michaels     Ayodele Kuburat Olaosebikan     Undergraduate Bursary     Charcoal     Arca Santa     Ola Falade     Umar Danladi Shero     Abdulrasheed Na\'Allah     Aro Yahaya     Kwara Restoration Project     Fatai Adeniyi Garba     Shuaib Jawondo     Balogun Fulani     Congress For National Consensus     Matthew Okedare     Tsaragi     Abubakar Kawu Baraje     New Model Police Station     Jimoh Saadudeen Muhammed     Sabi     Okin Malt     Khadijat Ayoola Yusuf     Iyaloja-General     Al-Adaby     Gambari     Kunbi Titiloye     Abdulquowiyu Olododo     Ella Supreme Tissue Paper     ER-KANG Mining     Buhari     Omupo     Wahab Agbaje     Ganmo Power Sub-Station     AbdulRaheem Ahmad Shayi     TESCOM     Ijakadi     Ilorin.Info     Mufti Of Ilorin     Lafiagi     Lola Olabayo     Oyawoye     Orisa Bridge     Col. Adedipe     Kwara 2015     Pakata Patriots     Isiaka Alikinla     Ibrahim Bio     Special Agro-Industrial Hub     John Obuh     Abdulrazak Shehu Akorede     Turaki Of Ilorin     CLAY POT     Musa Aibinu     Omotoso     Olusegun Adeniyi     Modibo Kawu     Al-Hikmah University     Eghe Igbinehi     Saka Saadu     Abdulrauf Yusuf     Umar Ahmed Gunu     Transition Implementation Committee     Kolade Solagberu     Jaiz Bank     Katibi Ibraheem Adeola     Khairat Gwadabe     Okanlawon Musa     Bashir Badawi     Hamid Bobboyi     Okin High School     Mohammed Katsina Ahmed     Vasolar-Kwara Company Ltd     Sarakite    

Cloud Tag: What's trending

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

Arca Santa     AbdulRahman Saad     Abdulquawiy Olododo     NYSC     Kayode Oyin-Zubair     Ibrahim Abiodun     Bello Bature     Senior Special Assistant On Student Affairs     Aliyu Olatunji Ajanaku     National Party Of Nigeria     Mohammed Yisa     Abdulmumini AbdulRazaq     Mohammed Danjuma     Abdulrahman Onikijipa     Gbemisola Saraki     Michael Ologundea     NURTW     A.O. Belgore     Abdulquowiyu Olododo     Bashir Badawi     Coronavirus     Ita-Ore     Yahaya Jibril Usman     MMWG     Fulani     Ariyo     Olugbense     Raymond Olaitan     Omoniyi M. Ayinla     Abubakar Aliagan     Monthly Sanitation Exercise     Malete     March 28     Moro     Lawal Olohungbebe     Eleja     Saliu Oluwole     Bamikole Omishore     Lawal Jimoh     Yetunde Balogun     Federal Allocation     NIPR     IHS     Jamila Bio Ibrahim     Imam Gambari     Tunji Olawuyi     Jumoke F. Ajao     Na\'Allah     Oro Grammar School     Isiaka Gold     Mohammed Kamaludeen     Tunde Mukaila Mustapha     Raheem Adaramaja     Yusuf Arowosaye     Muslimah Entrepreneurship Forum     Academic Staff Union Of Universities     Kolawole Bashirat     2023 Elections     April 11     Samuel Adedoyin     Hassan Saliu     Roseline Oni Aremu     Smart School     Olupako     Arinola Fatimoh Lawal     Baakini     Kolawole Akande     Henry Makinwa     New Naira Notes     Kaosarah Adeyi     Abdulrazak Shehu Akorede     Micheal Imodu-Ganmo Road     Saheed Akinwumi     Rasheed Jimoh     John Mayokun Dada     Abdulrazaq Adebayo     Abdulwahab Ololele