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.

Pilgrims Board     Adolescent Girls Initiative For Learning And Empowerment     IPSAS     Funmilayo Braithwaite     Clement Yomi Adeboye     Muhammad-Mustapha Suleiman     Okoolowo     Dagbalodo     KSIRS     Maigida Soludero Transit     Iyabo Dupe Adekeye     Ophthalmological Society Of Nigeria     Bashirat Bola Bello     Zubair Folorunsho Erubu     Oba Mogaji Abdulkadir     Alaro     Kwara State Coalition Of Business And Professional Associations     Osinbajo     Unicontinental Construction Company     Tayo Awodiji     NFAI     Code Of Conduct Tribunal     KFA     Olusin Of Ijara Isin     Abdulquawiy Olododo     Paul Odama     Aro Yahaya     Ladi Hassan     Ayodele Olaosebikan     Kwarareports     Sa\'adu Salahu     Abdulfatai Ahmed     Esinrogunjo     Tsaragi     All Confederation Of Principals Of Secondary Schools     Yusuf Amuda Gobir     Ayobami Akanbi     KWACOBPA     Rice Farmers Association Of Nigeria     Anilelerin     Kulende-UITH     Hijab     Ajuloopin     Akorede     NURTW     Afusat Nike Ibrahim     Nigeria Computer Society     Jumoke Monsura Gafar     Abraham Ojo     Afin Descendants Union Of Odo-Owa     Kwara State Television     Muazam Nayaya     Olusegun Adeniyi     Ilorin Water Reticulation     Adedipe     Kwara State Infrastructure Development Fund     Ejidongari     Sa\'adatu Modibbo-Kawu     Guber Aspirant     Sobi     Ahman Pategi University     Akande Idowu Ayoola Muhammed     Wasiu Onidugbe     Halimat Yusuf     Student Learning Support Helpline     Surajudeen Akanbi     Bilikis Oladimeji     Sai Kayi     Habeeb Saidu     Baba Adini Of Kwara State     Ita-Ore     Naira Redesign     TETFUND     Eleja Taiwo Banu     Abdulrazaq Aiyelabegan     Mohammed Yisa     Ilorin Anchor Men And Women    

Cloud Tag: What's trending

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

Kayode Ibrahim     Abdulmutalib Shittu     Oniwasi Agbaye     Raji AbdulRasaq     Esuwoye     Umar Gunu     Agor     Agboola Abdulraheem     Kawu Baraje     Usman Rifun     Isiaka Alikinla     Siddiq Adebayo Idowu Salawu     Oke-opin     Mohammed Abdulahi     Abubakar Abdulraheem     Forgo Battery Company Limited     Ibrahim Gambari     Ilesha-Baruba     Simeon Ajibola     Muhammed Taofeeq Abdulrazaq     Noah Yusuf     Kwara State Government     Idowu Laro     Omotoso     Amuda Aluko     Elesie Of Esie     PAACO-PCL Consortium     Aliyu Alhassan     General Hospital     Ishaq Abdulkarim     Kola Bukoye     Ahmed Alhasssan     Malete     Junior Secondary School Certificate Examinations     Musa Yeketi     Saka Abimbola Isau     Wasiu Onidugbe     Yakubu Dogara     Durbar Festival     Logun     Ilorin Central Mosque     Ayo Opadokun     Bola Magaji     Tafida Of Ilorin     Oba Abu     Imodoye Writer’s Enclave     Kunbi Titiloye     Bilikisu Gambari     Budo-Egba     Raliat Elelu-Habeeb     Yahaya A Paniyaro     Saadu Alanamu     Tinubu Legacy Forum     Issa Oloruntogun     Ubandoma Of Ilorin     Fatai Garuba Labaka     Afusat Nike Ibrahim     Donatus Ejidike     Kayode Bankole     Trader Moni     Yemi Osinbajo     Aliyu Muhammed     Code Of Conduct Bureau     Abdullahi Saadudeen Alikinla     NYSC     Share/Tsaragi     Owo Arugbo     Salaudeen Oyewale     Olaitan Buraimoh     AIT Ilorin     Kupchi Hosea Maxwell     AbdulQowiy Olododo     Egbejila     Principal Private Secretary     Femi Gbajabiamila     Emir Of Kano     Abdulfatai Salman Baakini