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.

Magaji Erubu     Idiagbon     Colleges Of Education Academic Staff Union     Jawondo     Sambo Murtala     Jimoh Bashir     Abdulkadir Orire     S.O. Opowoye     Afonja     Kwara-SAPZ Project     Sa\'adu Salau     Bareke     Owo Isowo     Ibrahim Abdullahi     IDPU     IYA ALFA NLA     Kwara State Infrastructure Development Fund     Mike Omotosho     Saliu Ajibola Ajia     Abdulwasiu Bolaji Adeyi     Gafaru Olayiwola Olorisade     Joana Nnazua Kolo     Oloyede     Alikinla     Sabitiyu Grillo     Rafiu Ibrahim     Ndama Al-hassan     Sarkin Malamai     Ojuekun Sarumi     Kabir Shagaya     Maigida     Innocent Okoye     Hikmah AbdulKareem     Saidu Isa     SARS     FERMA     Ahmad Ali     Ahmed Shuaib Buranga     Muhammed Akanbi     MAI Akande     Moro     Afusat Nike Ibrahim     Bello Bature     Olubukola Kifayat Adedeji     Metro Park     Ella Supreme Tissue Paper     ASKOMP     Olusin Of Ijara Isin     Oke-opin     Yusuf Abdulwahab     Toyin Abdullahi     Olabimpe Olani     Baba Adini Of Kwara State     Lawal Arinola Kudirat     Iyabo Dupe Adekeye     Ebun-Olu Adegboruwa     Oke-Oyi     Ilorin.Info     Olaitan Buraimoh     Azeez Salawu     Olugbense     Olatunde Jare     Okoolowo     Goodluck Jonathan     Ajia-Bako     Kwara State Health Insurance Agency     Kwara State Television     Ilorin Anchor Men And Women     Kwara Coalition Of Business And Professional Associations     Ronke Adeyemi     Yahaya Muhammad     Kolawole Bashirat     Hameed Oladipupo Ali     Tafida Of Kaiama     Federal Neuro-Psychiatric Hospital     Ilorin Likeminds Foundation     Kwara Volleyball Association    

Cloud Tag: What's trending

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

Dan-Kazeem     Saka Saadu     Saidu Isa     GAMA     Femi Ogunsola     Nigeria Computer Society     Ilorin.Info     Mahmud Babatunde Baker     Adijat Adebiyi     Jimoh Akani     Abubakar Kawu Baraje     Kwara United     Abdulganiyu Oladosu     Yusuf Arowosaye     Joseph Alex Offorjama     Iyabo Adewuyi     Ibrahim Akaje     Elelu     Yusuf Lanre Badmas     Geri-Alimi Split Diamond Interchange     Flights To Ilorin     Valsolar Consultoria     UITH     Ramadan     Borgu     HAMFAT Clinic And Maternity     Ilorin Talaka Parapo (ITP)     JAAC     Oyun     Tanke Flyover Bridge     Adama Isa     Bamidele Adegoke Oladimeji     Abdulmajeed Wahab     Vasolar Consortium     Fatai Olodo     Adebayo Salami     Kassim Babamale     Vasolar Consultoria     Isapa     Abdulmumini Sanni Jawondo     Prince Bola Ajibola     Bello Oyebanji     AbdulHakeem Ajibola Akanbi     Sardauna Of Ilorin     Bashir Omolaja Bolarinwa     Abdulrauf Aliyu     COVID     Eghe Igbinehi     Kunle Suleiman     AbdulGafar Tosho     Nigeria Association Of Women Journalists     Chief Imam Of Lafiagi     Plat Technologies     Aisha Ahman Pategi     Sayomi     Abegunde Goke     Temitope Ogunbanke     Kwha.gov.ng     Eleyele     Oyeyemi Olasumbo Florence     Abdullahi Biffo     Raheem Adaramaja     Bolaji Abdullahi     Taofik Abiodun Ahmed     David Adesina     Oja-Oba     Ayodele Olaosebikan     Lucky Omoluwa     Kazeem Oladepo     Modupe Oluwole     Zainab Abass     Olanrewju Okanlawon Musa     Saheed Popoola     Abdullahi Saadudeen Alikinla     Modibbo Kawu     EFCC     Afolayan