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.

Special Agro-industrial Processing Zone     Ado Bayero     Segun Adeniyi     Baakini     C2c@kwarastate.gov.ng     Kassim Babamale     Ilorin Water Reticulation     AbdulFatai Adeniyi Dan-Kazeem     Ojuekun Sarumi     Ishola Balogun Fulani     Musa Abdullahi     Kayode Alabi     John Kehinde Salako     Woro     Abubakar Atiku     Okin Malt     Olomu     Vasolar     Kwara Muslim Pilgrims Welfare Board     Salman Alada     Mustapha AbdulGaniyu     Convocation Ceremonies     Abdulganiyu AbdulAzeez     Deji Ajani     Yusuf Lanre Badmas     Oke-Oyi     Otuka     Illyasu Abdullahi     Ogbondoroko     Waziri Yakubu Gobir     ENetSuD     Abdullahi Atanda     FOMWAN     LAK Jimoh     Rafiu Ajakaye     University Road     Sobi FM     Odolaye Aremu     Oyedun Juliana Funke     Bilikisu Gambari     Yusuf Abdulraheem     Florence Saraki     Ibrahim Jawondo     Abdulrasheed Akogun     Ibrahim Akaje     Kale Ayo     Amule     Kwara Liberation Group     Ajayi Okasanmi     Islamic Development Bank     Edu     International Public Sector Accounting Standards     Oko-Olowo     Jimoh Akani     Monsurat Omotosho     Ballah     Olatunde Michaels     Apaokagi     Patigi Regatta     TESCOM 2025     Mary Kemi Adeosun     Owo Isowo     John Olobayo     Sheriff Shagaya     Frootify     Crystal Corner Shops     Ibrahim Abiodun     Madawaki     Sheikh Alimi     Yemi Osinbajo     Bashir Adigun     Kwara State Fire Service     AbdulRazaq Abubakar Jiddah     Adebara     YAKOOYO     Femi Oladiji     Salmon Babatunde Salmon    

Cloud Tag: What's trending

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

Salman Alada     Bolakale Kawu     Yahaya Dumoye     Najim Yaasin     Sola Saraki Educational Foundation     Aisha Ahman-Pategi     Shaykh Luqman Jimoh     Ohoro Of Shao     Bank Of Industry     Jelili Yusuf     Abdulrahman Abdulrazak     NSCIA     Maigida     Siddiq Adebayo Idowu Salawu     Dogara     Ajibike Katibi     Kudirat Arinola Lawal     Lateef Fagbemi     Special Agro-Industrial Hub     Oke-Ode     Kwara Basketball Association     GGDSS Pakata     Oba-Solagberu     VADA     Okanlawon Taiwo     Amina El-Imam     Mutawali     Musibau Akanji     Chief Imam Of Omu-Aran     AbdulGafar Tosho     Muhammad Mustapha Suleiman     Teachers Specific Allowance     Abdulrazaq Magaji     Bello Oyebanji     Muhammed Abdullahi     Salman Jawondo     Elesie Of Esie     Taofeeq Olateju     IPSAS     Ajikobi     KWASEIC     Ilorin Durbar     Oluranti Idowu     Bayo Onimago     Mahmud Ayinla Giwa     Mashood Abdulrafiu Agboola     Nigerian Supreme Council For Islamic Affairs     Kwara 2015     Afonja     Adesina Simon Sodiya     Kwara Liberation Group     Unicontinental Construction Company     Damilola Yusuf Adelodun     Yahaya A Paniyaro     Balogin Alanamu     Abikan     Muslimah Entrepreneurship Forum     Kayode Zubair     Sheikh Alimi     Rotimi Atere     07039448763     Galadiman Ngeri     Samari     Coronavirus     Orire     Oluwatoyin Lukman     Olaiya Victor Mobolaji     Muhammadu Buhari     Muftau Akanbi Oke     MAI Akande     Amosa     Olufolake Abdulrazaq     Ganiyu Taofiq     Garba Ado Sanni     Abdulmumini Sanni Jawondo     IQRA College     Hakeem Idris