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.

Shaaba Lafiagi     Odo-Owa     Jumoke Gafar     Shao     Alabi Lawal     TVC Female National Debate     Bayer AG     IHS Towers     AbdulRauf Keji     Samuel Adaramola     Ayo Opadokun     Rotimi Atere     Sango-UITH Road     Mopelola Abdulmaliq-Bashir     Isiaq Khadeejah     Communication Network Support Services     Marafan Shonga     Senate     Aro Yahaya     Rice Farmers Association Of Nigeria     Kwarareports.com     Aliyu Muhammad Saifudeen     Kolawole Bashirat     Shehu Alimi Foundation     Umar Gunu     International Aviation College     Roheemat Hammed     Muyiwa Oladipo Kanu     Tunji Folami     Mohammed Lawal     National Association Of Nigerian Students     Najim Yaasin     Adeleke Ogungbe     Mope Dasuki Belgore     Manzuma     Kayode Ibrahim     Joseph Offorjama     Suleiman Rotimi Iliasu     Bamidele Adegoke Oladimeji     Rasheed Jimoh     Umar Saro     Oloyede     Sidikat Uthman Ajibola     Yakubu Mohammed Abdullahi     Okin Group     Adama Isa     Aso-ofi     Yusuf Lanre Badmus     Buhari     Adesina Simon Sodiya     Nigeria Customs Service     Sanitation Exercise     Bukola Ajikobi     Siraj Oyewale     Rotimi Samuel Olujide     Tafida Of Kaiama     Suleman Abubakar     Maimunat Oniyangi     Tunde Akanbi     Babatunde Idiagbon     Odogun Olushola Gabriel     Sulyman Atolagbe Alege     Oba Abdulraheem     Yahaya A Paniyaro     Abdullahi Dasilva Yussuf     Rafiu Ajakaye     Yusuf A. Usman     Olabode George Towoju     Bayo Ojo     Twitter     Olatunji Bamgbola     Kwara TV     Ifelodun     Oke-Ode     Olota Of Odo-Owa     Abdulkarim Adisa     Kunle Akogun    

Cloud Tag: What's trending

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

Omoniyi Ayinla     Alaro     Local Government     Senate Presidency     Maryam A. Garuba     International Public Sector Accounting Standards     Waheed Ibrahim     Aisha Ahman-Pategi     Ijagbo     Katibi Ibraheem Adeola     Adedipe     Adebara     Frootify     Saka Asiat Ayinke     KWASSIP     Ifelodun     Adesoye College     IYA YUSUF     Ijagbo Health Centre     Bureau Of Lands     Dan Iya     Kola Olota     Zulu Gambari     Manzuma     Hajj     General Hospital, Offa     Henry Olaosebikan     Lanre Badmus     Edu     Ilorin General Hospital     Oniwasi Agbaye     Peter Obi     Imodoye Writer’s Enclave     Gbajabiamila     Abatemi-Usman     Muazam Nayaya     Yaru     Magaji Erubu     ER-KANG Mining Nigeria Company Limited     SWAN     Kwara Coalition Of Business And Professional Associations     Kola Bukoye     Musa Alhassan Buge     Saidu Yaro Musa     Harrison Osauwagboe     Oba Mogaji Abdulkadir     NAWOJ     Jimoh Lambe Abdulkareem     Isiaka Abdulrazak     United Nigeria Airline     Saliu Alamoyo     KW-GIS     Iyabo Adisa Ibiyeye     Lanre Aremu     Olubukola Kifayat Adedeji     Yakubu Danladi     Fatai Olodo     Gurei     Okin Biscuits     Al-Hikmah University     Mopelola Abdulmaliq-Bashir     Students Union Government     National Party Of Nigeria     Saadu Yusuf     Sunday Fagbemi     Taofik Abiodun Ahmed     Lawal Arinola Kudirat     Moro     All Confederation Of Principals Of Secondary Schools     V.O. Abioye     Theophilus Oyebiyi     Muhammad Mustapha Suleiman     Undergraduate Bursary     Fatimah Abdulkadir     Ahmed Mohammed Rifun     Olugbense     SSA Youth