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.

Yusuf AbdulRasheed     Kale Ayo     Abubakar Atiku     Nigeria Foundation For Artificial Intelligence     NSCIA     Oniwa     Abubakar Abdulraheem     Bamikole Omishore     Yahya Mohammed     Abdulganiyu Oladosu     Kudirat Arinola Lawal     Moro     Ifelodun     Okedare     Olayinka Oladapo Jogunola     Inside Kwara     Ghali Muhammed     Isa Aremu     Yoonus Lawal     SARS     Oba David Oyerinola Adedunmoye     Aishat Sulu-Gambari     Yemi Osinbajo     Wasiu Odewale     Laolu Saraki     Kamaldeen Kehinde     Ilorin South     KwaraLearn     Mohammed Khadijat Kubura     Bola Sagaya     Monthly Sanitation     Razaq Atunwa     Adaramaja     Arinola Fatimoh Lawal     Moshood Kashimawo Abiola     Ekiti     ER-KANG Mining     Abdulsalam A. Yusuf     Adeniyi Ojo     Lukman Adeloyin     Binta Abubakar Mora     NIPOGA     Folashade Omoniyi     ITP     Iyiola Oyedepo     Sherif Shagaya     Danhawa     David Adesina     Ajayi Okasanmi     Adeola Abraham     Isau     Rafiu Olasile     Ahmed Saidu Rufai     Dagbalodo     NIPR     Adebayo Mohammed Kamaldeen     Bola Magaji     Waheed Ibrahim     Gwanara     Maigida     Sidikat Alaya     Bio Ibrahim     KWAFFA     Shola Odetundun     Tunji Ajanaku     Oluwole Dupe     Nigeria Computer Society     Saad Omo Iya     John Olobayo     Sa\'adu Gambari     Abdulrasheed Lafia     Lanre Badmus     Babajide Ajayi     Abdullateef Abdussalam     Saka Balikis Kehinde     Olajumoke Monsura Gafar     Sobi Hill    

Cloud Tag: What's trending

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

Oke-Oyi     Jimoh Saadudeen Muhammed     Bukola Ajikobi     Memunat Monsuma     Kunbi Titiloye     Sherif Shagaya     Ambassador Kayode Laro     Haruna Olawale Sulaiman     C2c@kwarastate.gov.ng     Moses Salami     Kolawole Bashirat     Kaosarah Adeyi     New Naira Notes     Olatinwo     Kwara State Health Insurance Agency     Tsaragi     Ileloke     Olatunde Jare     Talaka Parapo     Local Government Pension Board     Marufat Oladosu     Marafan Shonga     Zulkifli Ibraheem     Funmilayo Braithwaite     Yunus Lawal     Omupo     Bilikisu Gambari     Adedayo Yusuf Abdulkareem     Gbemi Saraki     Abdulhakeem Adelaja Amao     Haruna Tambiri Mohammed     Omoniyi Ayinla     Tafida     Yahaya Seriki     Olaiya Lawal     Sabitiyu Grillo     Owode Market     Yemi Osinbajo     Haleeman Salman     Senior Special Assistant On Student Affairs     Sai Kayi     Fatima Abolore Jimoh     Nurudeen Muhammed     Umar Danladi Shero     Ilorin Water Reticulation     Olabimpe Olani     Sobi Hill     Veterinary Teaching Hospital     Computer Based Test     Ajasse-Ipo     Yomi Ogunsola     Idris Amosa Oladipo Saidu     Forgo Battery     Adamu Atta     Mohammed Yisa     Yusuf Olaolu Ali     Ademola Kiyesola     Awwal Jawondo     Wasiu Odewale     Tunde Idiagbon Road     Sola Saraki Educational Foundation     Air Peace     Aremu Odolaye     Jimba Babatunde     Mohammed Jimoh Faworaja     SGBN     HICA     Medinat Folorunsho Salman     Convocation Ceremonies     Stephen Fasakin     Omar Bolaji Gambari     Tunji Oyawoye     MMWG     Salihu Ajia     Minister     TETFUND     Isiaka Oniwa