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.

AGF Abdulrazaq     Buari Edun     Omupo     Yahaya Oloriegbe     Babajide Ajayi     Idi-Ape     Mohammed Tunde-Jimoh     Innocent Okoye     Jelili Yusuf     Memunat Monsuma     Shagari     Rashidi Yekini     Ekweremadu     Adamu Attah     Simon Sayomi     Christopher Odetunde     Shettima     Ojuekun     Haleeman Salman     Gabriel Fashanu     Bello Oyebanji     Park     Gbemisola Saraki     V.O. Abioye     Olayinka Olaogun     Oyeyemi Olasumbo Florence     Taofeek Sanusi     Atunwa     Idowu Laro     Susan Modupe Oluwole     Tosin Saraki     Ayinde Oki     Abiodun Oyedepo     Edret Sabi Abel     Laduba     Kwara State Governor     Wasiu Odewale     Bond     Young Progressives Party     Forgo Battery     Kpotum Mohammed Baba     Abubakar Lah     Oniyangi     Bola Ahmed Tinubu     Ilorin Anchor Men And Women     Talaka Parapo     Abdulkadir Jimoh     Ali Ahmad     Abdulganiy Abimbola Abdussalam     Dele Momodu     Adaramaja     Kayode Zubair     Nagode     Ronke Adeyemi     Florence Saraki     Saad Omo Iya     Erubu     Kwara TV     Elerinjare-Ibobo     Asa     Yemi Osinbajo     Taofeeq Olateju     Age AbdulKareem     Local Government     Oke-Ogun     Mohammed Yahaya Barki     Atiku     Sambo Murtala     Ayodele Shittu     Yusuf Olaolu Ali     Kwara State Geographic Information Service     Shehu Alimi Foundation For Peace And Development     CLAY POT     Ayeyemi Sulaiman     Alapansapa     Mogaji Aare     Akume    

Cloud Tag: What's trending

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

Association Of Kwara State Online Media Practitioners     Sa\'adu Gambari     Government High School Adeta     AbdulHakeem Ajibola Akanbi     Lafia Aliyu Korasabi     Idiagbon     Temitope Ogunbanke     Abdulrazaq Solihudeen     Arinola Lawal     National Union Of Road Transport Workers     Mahee Abdulkadir     Abdulganiyu Salahudeen     Share/Tsaragi     Tunde Oyawoye     Fatima Abolore Jimoh     Gbenga Adebayo     Muslim Stakeholders Of Kwara State     Isiaka Danmeromu     Is\'haq Modibbo Kawu     Convocation Ceremonies     Oba Abdulrahim     Oloyede     Kunle Akogun     Oba David Oyerinola Adedunmoye     March 28     Musa Abdullahi     Col. Ibrahim Taiwo     Shuaib Abdulkadir     Abdulfatah Ahmed     Hussein Olokooba     Ilorin Anchor Men And Women     Ilorin West     Olaiya Zuberu     Ghali Muhammed     University Road     Erubu Oba Zubair     Raimi Iyanda     V.O. Abioye     20 Billion Bond     Ilorin East/South Federal Constituency     Chartered Institute Of Personnel Management Of Nigeria     Yusuf Arowosaye     Kayode Bankole     Adama Isa     Oja-Oba     Rafiu Olasile     Isaac Gbenle     Muhammad Mustapha Suleiman     Ojo Isekuse     Gobir Organization Foundation     Amuda Aluko     Dan Iya     Teachers Specific Allowance     Alimi Abdulrazaq     Magaji Erubu     Plat Technologies Limited     Ilorin South Constituency     TESCOM     Majlis For Sadakah, Zakat And Waqf     Bello John Olanrewaju     Centre For Digital Economy     Kaosarah Adeyi     IYA ALFA NLA     Bolaji Abdullahi     Federal College Of Education (Special), Afon     Maja     Kamaldeen Kehinde     Babata     Tricycle Owners Association Of Nigeria     Senior Ibrahim Suleiman     Moremi High School     Fareedah Dankaka     Smart School     Saduki Lafiagi     Aminu Ado Bayero     Idris Amosa Oladipo Saidu     Bayer Nigeria Limited