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.

Shettima     Samuel Adaramola     Razaq Atunwa     Ojuekun     Alfa Yahaya Road     High Court     Risikat Lawal     Olateju Lukman     Mohammed Haruna     Muhammadu Buhari     Baba Issa Awoye     Umar Gunu     Alaro     Sheu Ndanusa Usman     National Broadcasting Commission     Muhammed Abdullahi     ER-KANG Mining Nigeria Company Limited     Maimunat Oniyangi     Ladi Hassan     Balogin Alanamu     Shuaib Olarongbe     Tafida Of Kaiama     Muhammad Toyin Sanusi     Metro Park     Saba Jibril     Quareeb     Ado Bayero     Oyedepo     Funmilayo Isiaka Oniwa     Prince Mahe Abdulkadir     Jimoh Bashir     Royal FM     First Lady     Samuel Elizabeth Keatswa     Gbugbu     AbdulKareem Yusuf Danhawa     Jaiz Bank     Michael Nzwekwe     Bolakale Saka     Ibrahim Mashood     Funmi Salau     Mahmud Ajeigbe     Ibrahim Oloriegbe     Sidikat Uthman Ajibola     Magaji Erubu     Yakub Ali-Agan     Issa Manzuma     Egbejila     Mashood Abdulrafiu Agboola     Abdullahi Atanda     Musibau Akanji     Yahaya Jibril Usman     Okin Biscuits     Umar Sanda Yusuf     Baba Idris     Muhammad Akande Olarewaju Odunade     Ibrahim Abdulkadir Abikan     Taofik Abdulkareem     Aremu Bose Deborah     Baakini     Talaka Parapo     Okasanmi Ajayi     Yusuf Abubakar     Universal Basic Education Commission     Lanre Jimoh     Raliat Elelu-Habeeb     Federal Allocation     Garba Idris Ajia     Suleiman Idris     School Of Nursing     Ibrahim Kayode Adeyemi     Yusuf Olaolu Ali     Naira Redesign     Kwara 2015     Ubandoma     Muyideen Ajani Bello     Owu Fall    

Cloud Tag: What's trending

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

Henry Olaosebikan     Adebayo Salami     Abdulraheem Olesin     2017 Budget     Oja-Oba     Sola Saraki University     Adedeji Onimago     Kisira     Shehu Salau     Dauda Adesola     Doyin Agbamu     Kwara TV     Bayo Ajia     Florence Saraki     Tunde Kazeem     Abdullah Janet Amudat     Salman Alada     Okiki     Alabi Olayemi Abdulrazak     Presidential Election     Oke Sunna     Aishatu Ahmed Gobir     Baruba     Bolaji Gambari     Lanre Issa-Onilu     Apaola     Abiodun Musa Aibinu     Osuwa     Salary     Muhammed Mahe Abdulkadir     International Public Sector Accounting Standards     Otoge     Oro Grammar School Old Students Association     AbdulQowiy Olododo     Akeem Lawal     Doyin Awoyale     AbdulHakeem Ajibola Akanbi     Shehu Jimoh     Moshood Kashimawo Abiola     Abdulfatai Ahmed     Kwara State University Of Education     Offa Descendants Union     Ahmad Olanrewaju Belgore     Convocation Ceremonies     Lanre Issa Onilu     Jawondo     Ijakadi     Muyiwa Oladipo Kanu     Jebba     Durosinlohun Atiku     Sheikh Hamzat Yusuf Ariyibi     Balogun Fulani     Majlis For Sadaqah, Zakat And Waqf     Yomi Adeboye     April 11     Seed Technologies     Musa Abdullahi     Kumbi Titiloye     Shao     Suleiman Ajadi     Islamic Development Bank     Wahab Olasupo Egbewole     AIT Ilorin     Naira Redesign     Ibrahim Mohammed     Christopher Ayeni     JSSCE     Eleyele     Ishaq Oloyede     Shuaib Olarongbe     Michael Imoudu National Institute For Labour Studies     Esinrogunjo     Ajeigbe     Plat Technologies Limited     Yinka Aluko     David Oyerinola Adedunmoye     Umar Saro