Court Lifts Order Preventing INEC from Releasing Voters' Register to KWASIEC for Kwara LG Election
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.
Muhammadu Gobir Centre For Peace And Strategic Studies Emir Of Lafiagi Apaola Abatemi Usman Kwara State Coalition Of Business And Professional Associations Valsolar Consultoria Jide Ashonibare Towobola Abdulrahman Toyin Salami Adekunle Kwara Coalition Of Business And Professional Associations Tsado Manman Mamman Saba Jibril Umaru Saro Olusin Of Ijara Isin Ahmed Idris Mohammed Kayode Oyin-Zubair Abdulrazaq Aiyelabegan Olayinka Are Kisra Kassim Babamale Abdulrahman Abdulrasak Adamu Attah Opobiyi Shoprite CT Ayeni Ibikunle Ogunleye Chief Of Staff Monthly Sanitation Exercise Mufti Of Ilorin Maigida Afin Descendants Union Of Odo-Owa Olusegun Adeniyi Otunba Taiwo Joseph Ibrahim Kayode Adeyemi KWATMA Olatomiwa Williams Sulyman Age AbdulKareem Abdulrosheed Okiki Isin Ethical College Muhammed Taofeeq Abdulrazaq Afetu Of Alabe Lasiele Alabi Yahaya Lanre Olosunde Abdulmalik Bashir Mopelola Risikatullahi Folaranmi Aro Bolakale Kawu United Nigeria Congress Party Dar-Al-Handasah Consultants Ltd Abatemi-Usman Kayode Oyin Zubair Turaki Tunde Oyawoye ASMAU PLAZA NYSC Toyin Olayinka Tejidini Tanke Age AbdulKareem Adebara Budo-Egba Abdulrahman Abdulrasaq Special Agro-industrial Processing Zone Razak Atunwa Flights To Ilorin Mohammed Lawal Bagega Laduba Abraysports FC Olaiya Victor Mobolaji Baruba Oba Mogaji Abdulkadir Sango-UITH Road Mamatu Abdullahi TVC Female National Debate Hakeem Lawal Shehu Jimoh Orire

