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.

Oko     Ayinke Saka     Ilesha-Baruba-Gwanara     Jare Olatundun     Taofik Mustapha     Kemi Adeosun     Kayode Zubair     Tunji Olawuyi     Soffiyyallah Kamaldeen     Awwal Jawondo     Hakeem Idris     Joana Nnazua Kolo     Iyaloja-General     Sidikat Alaya     Azeez Bello     Ibrahim Agboola Gambari     Dunmade     Zaratu Umar     KWAFFA     Muhammad Sirajo Aliyu     Muritala Olarewaju     COEASU     Osuwa     Waheed Ibrahim     Unilorin     Edu     Ilorin Like-Minds     Ahmad Olanrewaju Belgore     Trade Lenda SME Fair     ENetSuD     Kayode Yusuf     Transition Implementation Committee     QuickWin     Ayo Adeyemi     TETFUND     C2c@kwarastate.gov.ng     National Pilot     Wahab Issa     Belgore     Kwara State Branch Of The National Library     Tafidan Kaiama     AbdulKareem Yusuf Danhawa     Okala Baba     Yemi Sanni     Standard Organization Of Nigeria     Ndama Al-hassan     Timothy Olatunde Fadipe     KSIRS     Afolabi-Oshatimehin Adenike Harriet     Fatai Olodo     Ayedun     Alabere     Agbarigidoma     Wahab Abayawo     ARMTI     Valsolar-Kwara Company Limited     Oniwasi Agbaye     Bilikisu Gambari     Haruna Olawale Sulaiman     Akeem Olatunji     Sanusi Abubakar     Saraki     LABTOP     Leke Ogungbe     Abdulwaheed Musa     Toyin Abdullahi     Ilorin.Info     James Ayeni     Shehu Alimi Foundation     AbdulRasaq Abdulmajeed Alaro     Ile Arugbo     YAKOOYO     Oluwarotimi Boluwatife Adenike     Adamu Jemilat-Baki     Jelili Yusuf     Abdullahi Biffo     Balogun-Ojomu    

Cloud Tag: What's trending

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

Bolakale Kawu Agaka     Abdulfatai Ahmed     Bio Ibrahim     Ajibola Saliu Ajia     NAWOJ     Budo Egba     Femi Agbaje     Umar Adelodun     Oba Abdulrahim     Mutawali     Olawuyi     Rihanat Ajia     Nagode     Kola Shittu     Muyiwa Oladipo Kanu     Samuel Adedoyin     Shururat Olatinwo     Mary Kemi Adeosun     Bashiru Makama     Oke-Kura     James Kolo     Muazam Nayaya     Kwara Polytechnic     Ibrahim Abdulqadir Abikan     Sardauna     Paul Olawoore     Yeketi     ER-KANG Mining     Taibat Ayinke Ahmed     College Of Arabic And Islamic Legal Studies     Ilesha Gwanara Road     Abdullateef Abdussalam     Chief Imam Of Offa     Arik     Principal Private Secretary     Kwara Volleyball Association     Doyin Agbamu     Chief Imam Of Ilorin     Ibrahim Abdulkadir Abikan     Saka Keji     Yusuf AbdulRasheed     Olaiya Zuberu     Kwara State Pension Board     Kwarareports     TETFUND     Abdulrahman Abdulrazak     Nigerian Supreme Council For Islamic Affairs     Abdulganiyu Salahudeen     Abdulrauf Aliyu     Omar Gambari     FOMWAN     Ahman Pategi     SSA Youth     Timothy Olatunde Fadipe     Nurudeen Mohammed     Emir Of Kano     TVC Female National Debate     Mohammed Alabi Lawal     Kishira     Opaleke Bukola Iyabo     Yakub Lai Gobir     Issa Oloruntogun     College Of Education     Aisha Gobir     Sango-UITH Road     Ganmo Power Sub-Station     Abdulmumini AbdulRazaq     Sidikat Akaje     Kawu     Yakubu Shaaba     Ojuekun Sarumi     Tunji Moronfoye     Ojuekun     NFAI     Alaro     Kwara     Adolescent Girls Initiative For Learning And Empowerment