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.

Wole Oke     Haruna Olawale Sulaiman     Olatunji Ayeni     ASUU     Forgo Battery Company Limited     Sa\'ad Alanamu     Abraham Ojo     Students Union Government     Olatunji Moronfoye     Trader Moni     Akume     Shuaib Abdulkadir     Diagnostic Centre     Dan-Kazeem     Makama     Unilorin FM     Nigeria Foundation For Artificial Intelligence     Nigerian Army     Sulu Gambari     Muhammed Abdullahi     United Nigeria Congress Party     Baba Issa     Iliasu     Folaranmi Aro     Ojuekun     Jawondo     3MTT     Olubukola Kifayat Adedeji     Dumagi     Sherif Shagaya     Air Peace     Arik     Shoprite     Sambo Murtala     Yusuf Lanre Badmas     Senior Ibrahim Suleiman     Muhammadu Gobir     Bolakale Kawu Agaka     Gabriel Fashanu     Jumoke Gafar     Age AbdulKareem     Tunji Olawuyi     Ibrahim Kayode Adeyemi     Adaramaja     Obasanjo     Bankole Omishore     Bilikis Oladimeji     Shururat Olatinwo     Osi     Dorcas Afeniforo     Idris Garuba     Abioye Bello     Kayode Oyin Zubair     Oba-Solagberu     Saliu Ajia     Hassanat Bello     Christian Association Of Nigeria     Garment Factory     Kazeem Oladepo     Idris Amosa Saidu     Tanke Flyover Bridge     Sidikat Akaje     Akeem Olatunji     Mary Kemi Adeosun     Madawaki     Garuba Alikinla Shittu     Patigi Regatta     Sola Saraki Educational Foundation     Otoge     Mary Arinde     Adedeji Onimago     Sunday Otokiti     AbdulFatai Adeniyi Dan-Kazeem     Bisi Kristien     Saheed Alakoso     Sulaiman Gado     Ahmed Idris Mohammed    

Cloud Tag: What's trending

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

Yakubu Gobir     Arik     Laboratory-to-Product     Offorjama     Ilota     Aisha Ahman-Pategi     Sodiya     Muhammed Mahe Abdulkadir     Cornelius Adebayo     Muhammadu Gobir     Shonga Farm Project     Post-utme     Okeose Christian Cementary     Dogara     Funmi Salau     Ishaq Salman     Olatunji Moronfoye     Moremi High School     Ajidagba     Bolaji Gambari     Orire     Mohammed Abduraheem     Oniye     Najim Yaasin     Aisha Abodunrin Ibrahim     Ahmed Idris Mohammed     Abdullateef Abdussalam     Sobi Hill     Balogun Fulani     Garba Dogo     AbdulRahman Saad     Risikat Lawal     Shoprite     Idofin     General Tunde Idiagbon International Airport Ilorin     Olomu     Code Of Conduct Bureau     Shehu Alimi Foundation For Peace And Development     Binta Abubakar-Mora     Bola Tinubu     Biliaminu Aliu     Oko-Erin     Seun Bolaji     Ridwan Agboola     Nnazua     Overland     C2c@kwarastate.gov.ng     Kisra     Kulende-UITH     Alaro     Saidu Yaro Musa     Undergraduate Bursary     Tunde Mukaila Mustapha     Kwarareports     Senate Presidency     Agboola Babatunde     Fatima Abolore Jimoh     Orisun Igbomina     Isaac Aderemi Kolawole     CCEPE     Kamaldeen Ajibade     Babatunde Idiagbon     Saad Omo Iya     SSA Youth     Kayode Laro     Jimoh Bashir     Maigidasanma     Ahmad Fatima Bisola     Air Peace     Folaranmi Aro     Third Estate     Lanre Issa Onilu     Buhari     Bolaji Abdullahi     National Information Technology Development Agency     Fola Consultant     Umar Ayinla Saro