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.

Aso Ofi     Oja-Oba     Ifelodun     Government High School (GHS), Adeta     Christopher Odetunde     Malete     Musbau A. Akanji     Musa Ayinla Yeketi     KWASEIC     Fulani     Local Government     Sebastine Obasi     Yusuf Abdulraheem     Alaiye     Isaac Aderemi Kolawole     Kazeem Oladepo     Toun Okewale-Sonaiya     UNIFEMGA     Buari Edun     Abubakar Olusola Saraki     Samuel Olusegun Adedayo     Oba Sulaiman Asude     Boko Haram     Wale Oladepo     Adamu Ibrahim Sabi     Vasolar     Split Diamond Interchange     Alapado     Kale Bayero     Mohammed Yahaya Barki     High Court     Shonga Farm Project     Sulu Babaita Isiaka     Yemi Sanni     First Lady     Kwara State Television (KWTV)     Akorede     Mary Arinde     Ilorin Curfew     Olushola Saraki     Jumoke F. Ajao     Abdulwaheed Musa     Chief Imam Of Offa     UITH     Shehu Alimi Foundation For Peace And Development     Oba David Oyerinola Adedunmoye     Magaji Erubu     Muritala Awodun     Lateef Fagbemi     Apaokagi     Women For Change And Development Initiative     COVID-19 Palliatives     Third Estate     Kwara 2023     Wahab Agbaje     Bilikisu Oniyangi     Al-Ilory     Emir Of Yashikira     Saidu Isa     Ajayi Okasanmi     Fatimat Saliu     Wasiu Onidugbe     Esinniobiwa Quareeb     Funmilayo Braithwaite     Baba Isale     Yusuf Badmus     Oyeyemi Olasumbo Florence     Colleges Of Education Academic Staff Union     Yoruba     Code Of Conduct Tribunal     Gurei     Yoonus Kola Olatinwo     Dairo Kunle Paul     Tsaragi     Arandun     Mohammed Lawal     Saudat Abdulbaqi    

Cloud Tag: What's trending

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

CKNG     Aro Yahaya     NTA Ilorin     Hassan Oyeleke     Olupako     SUBEB     Iyabo Adewuyi     SSA Youth     Soffiyyallah Kamaldeen     Valsolar     David Oyedepo     Press Release     Iyeru Grammar School     Akume     Ilorin Airport     Mansurat Amuda-Kannike     Special Agro-Industrial Hub     Sobi     Saliu Mustapha     Oloye     Baba-Isale     Baaziki Sulaiman     Agbarigidoma     Senior Ibrahim Suleiman     Code Of Conduct     Kunle Akogun     Tunde Idiagbon Road     Adebara     Kwara Pdp     Ahmad Belgore     HAMFAT Clinic And Maternity     Grillo     Rafiu Ibrahim     Dankaka     Kulende-UITH     John Mayokun Dada     Tope Daramola     Olanrewju Okanlawon Musa     Muhammadu Gobir     Babaloja-General     Ajakaye     Ibrahim Abduquadri Abikan     Patigi Regatta     Onilorin Of Ilorin     Musa Aibinu     Yakub Lai Gobir     Madawaki Of Ilorin     Tinubu Legacy Forum     National Association Of Nigerian Students     Ibrahim Mohammed     Nagode     Mohammed Saidu     Dumagi     Diagnostic Centre     LAK Jimoh     NNPP     Samuel Adedoyin     Ahmed Dankaya     Medview Airlines     Yusuf Abdulwahab     Sulaiman Gado     Ayodele Kuburat Olaosebikan     Kwara Consultative Forum     Ayodele Shittu     Yakubu Dogara     Raliat AbdulRazaq     Mohammed Ibrahim     Danhawa     Abdulmumini AbdulRazaq     Oyedepo     Christopher Ayeni     Isiaka Danmeromu     Sam Onile     FERMA     Alabe     Musa Yeketi     Kwara Restoration Project