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.

Oni Adebayo     Saba Mamman Daniel     Bukola Ajikobi     Coalition Of Kwara North Groups     Oyedun Juliana Funke     Muritala Olarewaju     Public Holiday     Alanamu     Edu     Aliyu Olatunji Ajanaku     Ibrahim Akaje     Sobi FM     Bature Bello     Offa Grammer School     Ilorin Central Mosque     Abubakar Kawu Baraje     Kolawole Bashirat     Ibrahim Abikan     Senate President     Aro Yahaya     SSUCOEN     Ayinde Oki     Ahmed Mohammed Rifun     Saliu Tunde Bello     Abdullateef Abdussalam     Apaola     Abdullahi Imam Abdullahi     Shonga Farm Project     GANZY     Fareedah Dankaka     Abdulkadir Jimoh     Taofeek Ibraheem     Adekunle David Dunmade     Aisha Ahman Pategi     AbdulRaheem Ahmad Shayi     Lanre Olosunde     Umar Sanda Yusuf     Owu Fall     Toyin Olayinka Tejidini     Arinola Lawal     Kola Adesina     Oniyangi Kunle Sulaiman     Hamza Usman     Sulyman Atolagbe Alege     CUTI     Odolaye Aremu     Moshood Kashimawo Abiola     Oyeyemi Olasumbo Florence     CCEPE     Ayekale     Christian Association Of Nigeria     UNIFEMGA     Ganmo Power Sub-Station     Junior Secondary School Certificate Examinations     Damilola Yusuf Adelodun     Mohammed Jimoh Faworaja     Ilorin Durbar     Saadu Gbogbo Iwe     Raymond Olaitan     Ibrahim Orire     Ibrahim Abdulkadir Abikan     Special Agro-industrial Processing Zone     Shaykh Luqman Jimoh     Code Of Conduct Bureau     MalHub     Oba Abdulkadir La\'aro     Emmanuel Olatunji Adesoye     Otunba Taiwo Joseph     Olatunji Abdulmumeen     Tanke     Maryam A. Garuba     Oyelere Oyinloye     Mansur Alfanla     Women Radio     KWSUED     Mohammed Lawal Bagega     Grillo    

Cloud Tag: What's trending

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

Doyin Awoyale     Turaki Of Ilorin     Mohammed Katsina Ahmed     Harrison Osauwagboe     Yahaya Seriki     Gani Saadu     Muyiwa Oladipo Kanu     Park     Tuesday Assayomo     Solomon Edoja     Abubakar B.M     Danhawa     Ayotunde Emmanuel Alao     Kayode Zubair     Omoniyi     Patigi Regatta     Odogun Olushola Gabriel     Markaz Arabic And Islamic Training Institute, Agege     Iliasu     Rafiu Olasile     Christopher Ayeni     Gwanara     Ganmo Power Sub-Station     AbdulFatai Adeniyi Dan-Kazeem     Suraj Tunji Oyewale     Plat Technologies     IHS Towers     Wahab Femi Agbaje     Gbenga Awoyale     Sulaiman Gado     Kwara NIPR     Olabode George Towoju     Ahman Patigi     Yakubu Shaaba     Sambo Murtala     Agbarigidoma     College Of Education     Solomon Edojah     Agboola Abdulraheem     Ishola Balogun Fulani     Bola Shagaya     Garba Idris Ajia     Mubarak Oladosu     EndSARS     Mohammed Lawal     April 11     Erin-ile     Budo Egba     NIRSAL     Shuaib Boni Aliyu     Ghali Muhammed     Ayekale     Ibrahim Kayode Adeyemi     Irepodun     Ibraheem Adeola Katibi     Kwara Teaching Service Commission     Kwara Muslim Pilgrims Welfare Board     Women For Change And Development Initiative     KWATMA     Busari Alabi Alausa     Bamikole Omishore     Ayinde Oki     Guber Aspirant     Illyasu Abdullahi     Abdullahi Imam Abdullahi     Isiaka Gold     Maimunat Oniyangi     Belgore     Tosho Yaqub     Yekini Adio     Al-Hikmah Radio     Durbar     Mohammed Alabi Lawal     Apado     Toyin Olayinka Tejidini     Tunde Mukaila Mustapha     Muhammad Toyin Sanusi