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.

Ajasse-Ipo     Freshvine Nigeria Limited     Agbarere     International Public Sector Accounting Standards     Onilu     Toyin Abdullahi     Amos Sayo     Olaitan Buraimoh     Kayode Zubair     Kwara State Health Insurance Agency     Senate President     Abdulrahman Abdulrasaq     Saka Saadu     Offorjama     Olayinka Jelili Yusuf     Ahmad Olanrewaju Belgore     Council Of The Wise     COVID-19 Palliatives     Sola Saraki University     Abiodun Musa Aibinu     Razaq Atunwa     Elerin Of Adanla Irese     Jamila Bio Ibrahim     Saka Aleshinloye     Balogun Gambari     Timothy Olatunde Fadipe     Funmi Salau     Mohammed Yahaya Barki     Agbarigidoma     Kayode Oyin Zubair     Yemi Osinbajo     Abdulrazak Shehu Akorede     Minimum Wage     CCEPE     Dogara     Ajuloopin     Ebola     Abdulkareem Alabi     Millennium Development Goals     Akanbi-Oke     Hameed Oladipupo Ali     Ibrahim Oloriegbe     Oni Adebayo     April 11     Ahmed     Taibat Ayinke Ahmed     Yusuf A. Usman     Erin-ile     Mohammed Lawal     Revenue Court     All Peoples Party     Ilesha-Gwanara     Aminat Omodara     Olukotun Of Ikotun     Ayo Opadokun     Just Law Forum     Omu-aran     GRA     Communication Network Support Services     Vasolar Consortium     Bisi Kristien     Muhammad Toyin Sanusi     Mogaji Aare     Saheed Popoola     Funmilayo Braithwaite     Sherif Shagaya     Kupchi Hosea Maxwell     Afeyin-Olukuta     Solomon Edojah     Ayekale     Adewuyi Funmilayo     Ekweremadu     V.O. Abioye     Pakata     John Mayokun Dada     Mubarak Oladosu     Moro    

Cloud Tag: What's trending

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

Doyin Group     Idi-Ape     AGILE Programme     Stephen Fasakin     Tinubu Legacy Forum     Ilesha-Gwanara     Ebun-Olu Adegboruwa     Onilupeju Of Ilupeju     Sambo Murtala     Saduki Lafiagi     Teachers Specific Allowance     Societe Generale Bank Of Nigeria     Mamatu Abdullahi     Vasolar Consultoria     Aminu Ado Bayero     Olatunji Bamgbola     Adamu Ibrahim Sabi     Imam Gambari     Igbaja     Babajide Ajayi     Micheal Imodu-Ganmo Road     Muhammed Taofeeq Abdulrazaq     Lateef Fagbemi     New Nigeria People’s Party     Radio SBS     Bello Oyedepo     Ben Duntoye     Niyi Ogundiran     Wahab Abayawo     Isiaka Abdulrazak     Kwara TV     Nigeria Computer Society     Adolescent Girls Initiative For Learning And Empowerment     Sabi     Eleja     Folorunsho Erubu     Iyaloja-General     Gbemisola Oguntimehin     Iyabo Adewuyi     Ekweremadu     Suleiman Mora Omar     Segun Ogunsola     Abdullahi G. Mohammad     Garuba Alikinla Shittu     Ishola Abdullahi     Titus Suberu-Ajibola     Abdulganiyu Oladosu     Kwara State Pension Board     Temitope Ogunbanke     Tsaragi/Share     Abdulwahab Oba     C2c@kwarastate.gov.ng     Durosinlohun Kawu     Owo Isowo     Olajumoke Monsura Gafar     ITEM 7     Abdulrosheed Okiki     Samuel Elizabeth Keatswa     Hassan Saliu     Charcoal     Toyosi Thomas     Adamu Atta     Valsolar     KWTV     Ishaq Salman     Ibrahim Oloriegbe     Balogun-Ojomu     Falokun-Oja     Joshua Adeyemi Adimula     Raji AbdulRasaq     Eleyele     Saka Abimbola Isau     Emmanuel Olatunji Adesoye     Aminu Adisa Logun     Ibrahim Gambari     Christopher Tunji Ayeni     Yusuf Lawal