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.

Ibrahim Taiwo     Babajide Ajayi     COVID-19 Palliatives     Offa Descendants Union     Rex Olawoye     Ijagbo Health Centre     AGM Professional Services     Orire     Tunde Oyawoye     Curfew     Toyosi Thomas     2023 Elections     Dele Momodu     Abdulkareem Alabi     Ubandoma     Ubandawaki     Al-Ilory     Amoyo     Umar Ahmed Gunu     Yomi Ogunsola     Kazeem Oladepo     John Obuh     Modibo Kawu     Share/Tsaragi     Saad Omo\'ya     Kwara State Governor     Kwara Poly     Unicontinental Construction Company     Alabi Olayemi Abdulrazak     Katibi Ibraheem Adeola     Jani Ibrahim     ASKOMP     Ibikunle Ogunleye     Saduki Lafiagi     Amos Sayo     Nigeria Association Of Women Journalists     Haashim Initiative For Community Advancement     Iponrin     Awili Pedro     Computer Based Test     Michael Nzwekwe     Garuba Alikinla Shittu     Samari     Halidu Danbaba     Babs Iwarere     Medinat Folorunsho Salman     Pacify Labs     IYA YUSUF     Abubakar Abdulraheem     Timothy Akangbe     Bayo Mohammed Onimode     Kayode Ogunlowo     Lai Gobir     MINILS     Segun Abifarin     Sola Saraki University     Bolaji Nagode     Moremi High School     Bilikisu Oniyangi     Lanre Aremu     Assayomo     Ado Ibrahim     Kayode Laro     Tunde Idiagbon Road     Adesoye     Muhammad Yahya     Binta Abubakar Mora     Oba David Oyerinola Adedunmoye     Tanke     Kwara Muslim Pilgrims Welfare Board     Pakata     Amos Justus Sayo     Shero     Muyiwa Oladipo Kanu     United Nigeria Airline     Quarry Royal Valley     Olabode George Towoju    

Cloud Tag: What's trending

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

Kwara South     AGF Abdulrazaq     Tunde Saad     Mohammed Halidu     Olomu Of Omu-Aran     All Peoples Party     Kawu     Mohammed Abdulahi     Moji Makanjuola     Maryam A. Garuba     Cornelius Adebayo     Curfew     SWAN     Kwara Central     Ibrahim Mashood     Haleeman Salman     Saadu Alanamu     Amina Susa\'a De Ahmed     Ile Arugbo     Afeyin-Olukuta     Government High School (GHS), Adeta     Isapa     Maryam Ado Bayero     Adijat Adebiyi     Ayinde Oki     Village Alive Development Association     Lawal Arinola Kudirat     Aasiyat Bello Oyedepo     Christian Association Of Nigeria     Rotimi Samuel Olujide     Ahmad Belgore     Sulyman Age AbdulKareem     Yakubu Shaaba     Tescom.kwarastate.gov.ng     Oba-Solagberu     Aisha Ahman-Pategi     Moro     NURTW     Okin Biscuits     Fatimah Abdulkadir     Memunat Monsuma     Sambo Murtala     Ophthalmological Society Of Nigeria     2023 Elections     Savannah Centre For Diplomacy, Democracy And Development     KWASSIP     Olatunji Ibrahim     Sabitiyu Grillo     Hydro-electric Power Producing Areas Development Commission     Air Peace     Pacify Labs     Lucky Omoluwa     Communication Network Support Services     Jare Olatundun     Pius Abioje     Kwarareports.com     Lanre Olosunde     Plat Technologies Limited     Akanji     Idris Garba     Emir Of Lafiagi     Orisun Igbomina     Grillo     Abdulmajeed Wahab     PPS     Kwha.gov.ng     Mukhtar Shagaya     Ayobola Ipinlaiye     Akanbi-Oke     General Hospital, Ilorin     Atiku Abubakar     Abdulrauf Aliyu     Lasiele Alabi Yahaya     Taofeek Ibraheem     Saheed Akinwumi     Ilorin Central Mosque     Kaosarah Adeyi