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.

University Road     Funmilayo Zubair     Fatai Garuba Labaka     Baruten     Siraj Oyewale     Olatunji Abdulmumeen     Ibrahim Abdulqadir Abikan     Kwara 2015     Ishola Balogun Fulani     Oniyangi Kunle Sulaiman     National Broadcasting Commission     Agbarere     Tsado Manman     ASMAU PLAZA     Transition Implementation Committee     Joseph Bamigboye     Issa Manzuma     Saliu Alamoyo     Bolakale Kawu     MATTA Girls Foundation     ASKOMP     Shehu Salau     AbdulKareem Yusuf Danhawa     Aliyu Umar     Saheed Popoola     Ibrahim Oloriegbe     Henry Makinwa     Senior Special Assistant On Student Affairs     Kwara State Fire Service     Mohammed Ajia Ibrahim     Oba Sulaiman Asude     James Kolo     Saka Isau     Risikat Lawal     Neuropsychiatric Hospital     Dar-Al-Handasah Consultants     GANZY     Reuben Paraje     Ilorin Innovation Hub     Ibrahim Akaje     2017 Budget     Nurudeen Muhammed     Government House     Abdulfatai Ahmed     Suleiman Abubakar     Bank Of Industry     John Kehinde Salako     GAMA     Apata Ajele Secondary School     LABTOP     Osuwa     Abubakar Baba     Abdulrazak Shehu Akorede     Umar Sanda Yusuf     Isiaka Alikinla     Ilorin Descendants Progressive Union     Kwara Restoration Project     Saba Mamman Daniel     Mohammed Alabi Lawal     Chikanda     Shettima Of Ilorin     Shururat Olatinwo     Olateju Lukman     Bola Magaji     Chief Imam Of Offa     Oloriegbe     Bilikis Oladimeji     20 Billion Bond     Manzuma     Quareeb     Abdulrahman Abdullahi Kayode     Abdulkareem Alabi     Oyedepo     Dagbalodo     Neo Mundo Ltd     CCT     Ibrahim Jawondo    

Cloud Tag: What's trending

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

Obasanjo     Esuwoye     Bahago     Modibbo Kawu     Yakubu Dogara     Kwara State Internal Revenue Service     Moshood Kashimawo Abiola     Yahaya Abdulkareem Babaita     Abdul-Rahoof Bello     Tinubu Legacy Forum     Maimunat Oloriegbe     African Democratic Congress     Kwara Polytechnic     Abdulazeez Arowona     Demola Banu     Ethical College     Ayinde Oyepitan     Shuaibu Yaman     Ibrahim Abdulqadir Abikan     Benin Republic     Facebook     Kolo     Lanre Badmas     National Information Technology Development Agency     Baakini     Monthly Sanitation Exercise     Usman Rifun     Oba Abdulraheem     Isiaka Saka Opobiyi     Read With Me     Just Event Online     Wale Oladepo     SWAN     Unicontinental Construction Company     Elerinjare     Garba Dogo     Oba Sulaiman Asude     Titus Ashaolu     Abdulmutalib Shittu     Binta Abubakar-Mora     Suleiman Mora Omar     Okasanmi Ajayi     Ibraheem Abdullateef     Hajj     National Broadcasting Commission     BIR     Abdulrahman Abdullahi Kayode     National Association Of Nigerian Students     Ogidi-Oloje     Islamic Development Bank     Tunji Ajanaku     Sulu Babaita Isiaka     Abdulkadir Jimoh     AbdulQowiy Olododo     Oniwasi Agbaye     Osinbajo     Kola Ologbondiyan     M.Y. Abdulrahaman     Kisra     Salaudeen Oyewale     Ayinde Oki     Balogun Fulani     Jaiz Bank     Special Adviser On Digital Innovation     Amusement Park     Micheal Imoudu     Abdulsalam A. Yusuf     Yusuf Badmus     Volunteers Of Ilorin Community And The Emirate     Saka Isau     Olohungbebe     Sarah Alade     Zaratu Umar     Kwara Politics     Olushola Saraki     Tunde Yusuf     Agbarere