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.

Basit Olatunji     Majlis For Sadakah, Zakat And Waqf     Post Utme     Ganmo     IFK     Victor Gbenga Yusuf     Hassan Oyeleke     Umaru Saro     Saadatu Modibbo-Kawu     Ajike People Support Centre     Samuel Olusegun Adedayo     Share/Tsaragi     C2c@kwarastate.gov.ng     Kwara State University Of Education     LABTOP     Muyiwa Oladipo Kanu     Ekweremadu     Amuda Bembe     Kabir Shagaya     Sa\'adu Salahu     Oko Erin     Abubakar Atiku     Olokoba     Monsurat Omotosho     Kwara State Infrastructure Development Fund     Barakat Community Secondary School     Haleeman Salman     Oniwa     Mohammed Saidu     Babs Iwarere     Presidential Election     Kayode Ishola     General Tunde Idiagbon International Airport Ilorin     Ahman Pategi University     Mary Arinde     Lai Mohammed     Abdulrazaq Adebayo     Khairat Gwadabe     Musbau A. Akanji     Esuwoye     Adam Abdullahi Al-Ilory     Waziri Yakubu Gobir     Ilota     SAPZ Project     AGILE Programme     Kwara Metro Park     Neuropsychiatric Hospital     Jaiz Bank     Abioye Bello     Yashikira     Adedipe     Senior Ibrahim Suleiman     Abdullahi Imam Abdullahi     Hassan Abdulazeez Elewu     Onikijipa     A.G.F Abdulrasaq     Joseph Yemi Ajayi     Alaaya     Aliyu Adebayo     Chartered Institute Of Personnel Management Of Nigeria     Yakubu Gobir     Emmanuel Olatunji Adesoye     Adijat Adebiyi     Raji AbdulRasaq     AbdulRazaq Abubakar Jiddah     Folashade Omoniyi     Toyin Sanusi     Kulende-UITH     Kwara North     Minister     Kwara State Sports Commission     Kwara Coalition Of Business And Professional Associations     Onilorin     Junior Secondary School Certificate Examinations     Raji Ayodele Kamaldeen     Joseph Offorjama     Theophilus Oyebiyi    

Cloud Tag: What's trending

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

Radio Kwara     Ali Ahmad     Olayinka Are     Olam Food Ingredients     Moshood Bakare     Olayinka Jelili Yusuf     Code Of Conduct Tribunal     Muslim Stakeholders Of Kwara State     Maigida     Facemasks     Mamman Saba Jibril     Lanre Issa Onilu     Kehinde Baale     Government Girls’ Day Secondary School Pakata     Abdulsalam Firdaous Amosa     Madawaki Of Ilorin     Gbugbu     Niyi Ogundiran     Ishola Abdullahi     Gamji Members Association     Ayotunde Emmanuel Alao     Salman Suleiman     James Ayeni     Mopelola Abdulmaliq-Bashir     Razaq Atunwa     Yoonus Lawal     Senior Ibrahim Suleiman     Centre For Digital Economy     Adam Abdullahi Al-Ilory     Aishat Sulu-Gambari     Muyiwa Oladipo Kanu     Kpotum Mohammed Baba     Third Estate     Quareeb Islamic Association     Abdulrosheed Okiki     Olatunji Moronfoye     Ayinke Saka     Zulkifli Ibraheem     Simeon Ajibola     Charles Ibitoye     Yusuf Zulu-Gambari     Jimoh Akani     LEAH Charity Foundation     Bluenile Associates     Owo Arugbo     Gabriel Fashanu     Halidu Danbaba     Ibrahim Agboola Gambari     Ahmed     Oyawoye     Wole Oke     Lucky Omoluwa     Olateju Lukman     Rueben Parejo     Sarah Jubril     Daud Adeshola     Olaitan Adefila     Aliyu Kora-Sabi     Seed Technologies     Yakub Lai Gobir     Olota Of Odo-Owa     Col. Ibrahim Taiwo     Rafiu Ajakaye     Ishaq Abdulkarim     Ajia-Bako     Salihu Ajia     Idi-Ape     Katibi Ibraheem Adeola     School Of Nursing     Kwara State Television     Kwara Muslim Pilgrims Welfare Board     Akanbi-Oke     Kwara State Geographic Information Service     Saidu Kawu     Kamoru Kadiri     Babs Iwarere     Ubandawaki