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.

Reuben Paraje     Sheikh Hamzat Yusuf Ariyibi     Moses Adekanye     Dan Masanin     Issa Memunat Moyosore     Justina Oha     Sobi     Olota Of Odo-Owa     Abdulkadir Orire     Shehu Jimoh     Yakubu Danladi     Raji AbdulRasaq     Radio Kwara     Ilota     Isiaka Danmeromu     Amada Jidda     Ilorin International Airport     Jare Olatundun     Amina Susa\'a De Ahmed     Deji Ajani     Smart School     Mutawali Of Ilorin     Aliyu Adebayo     Adamu B. Yaqubu     Funke Adedoyin     Olaosebikan     Peter Amogbonjaye     Olusegun Adeniyi     Ile Arugbo     Yusuf Ibitokun Sherifat     Mohammed Alabi Lawal     Bayo Ojo     Law School Scholarship     Emir Of Lafiagi     New Model Police Station     Adamu Ibrahim Sabi     Rabiu Kwankwaso     Musa Ayinla Yeketi     Paul Odama     Adolescent Girls Initiative For Learning And Empowerment     Rafiu Olasile     Usman Alkali Baba     Alaaya     Ileloke     Maigida Soludero Transit     Henry Makinwa     Post-utme     Apaokagi     Lateef Fagbemi     HYPPADEC     Javed Khan     Dar-Al-Handasah Consultants     Saad Belgore     Umar Gunu     College Of Arabic And Islamic Legal Studies     Ilorin Anchor Men And Women     Nurudeen Mohammed     Abdul Jimoh Mohammed     Ballah     Monthly Sanitation Exercise     Muhammad Akande Olarewaju Odunade     Zulkifli Ibraheem     Eruku     Afolabi-Oshatimehin Adenike Harriet     Ahmed Idris Mohammed     Kolawole Bashirat     Abdulkadri Ahmad Alaiye     Share     Binta Abubakar-Mora     Kwabes     Bareke     IHS     Arinola Fatimoh Lawal     Mamman Saba Jibril     Gobirawa     Oyeyemi Olasumbo Florence     Laolu Saraki    

Cloud Tag: What's trending

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

ER-KANG Mining     Eleja Taiwo Banu     Femi Oladiji     Osuwa     Balogun Ajikobi     Henry Olaosebikan     Bello Bature     Olugbense     Esuwoye     Simon Sayomi     Kayode Yusuf     Kwara Metro Park     Yusuf Arowosaye     V.O. Abioye     Lanre Olosunde     Niyi Osundare     Mutawalle     Sardauna Of Ilorin     Ajidagba     Chief Imam Of Lafiagi     Islamic Development Bank     Folorunsho Alao     Lai Mohammed     Bashirat Bola Bello     Hassan Oyeleke     Adaramaja     Alanamu     Abiodun Jacob Ajiboye     Hijab     Umar Adelodun     Isiaka Yusuf     Solomon Edojah     NIPOGA     Ilota     NIRSAL     Kwara Basketball Association     Ajikobi     Olupako Of Share     Taofeek Sanusi     Ifelodun     Taiwo Joseph     Fatai Garuba Labaka     Fareedah Dankaka     Jaigbade Alao     Mansur Alfanla     Segun Abifarin     Agboola Abdulraheem     Senate     Aasiyat Bello Oyedepo     Abdulmumini Sanni Jawondo     David Oyedepo     Ramat Oganija     Abikan     Muritala Olarewaju     Women For Change And Development Initiative     Moses Adekanye     Nigeria Customs Service     Hausa     Olosi Of Osi     LAK Jimoh     Federal Polytechnic Offa     Baakini     Mashood Abdulrafiu Agboola     Saba Mamman Daniel     Aisha Ahman-Pategi     Oba Abu     Yakubu Mohammed Abdullahi     Muyiwa Oladipo Kanu     Innocent Okoye     Pius Abioje     Raimi Iyanda     UNILORIN Alumni     Yashikira     Kwara State Pension Board     Omoniyi     Jumoke Monsura Gafar     Aliyu Kora-Sabi