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.

Toyosi Thomas     Abdulrazaq Solihudeen     Kwara Primary Health Care Development Agency     Yahaya Oloriegbe     Oya State     RTEAN     Mufutau Olatinwo     Oke-Ogun     Abdulwahab Oba     Kulende-UITH     Hassan Taiye Salam     Jaiz Bank     Salihu Ajia     Musbau A. Akanji     Oyin-Zubair     Eleja     Fola Consultant     Abdulganiyu AbdulAzeez     AbdulQowiy Olododo     Sanusi Abubakar     Emir Of Shonga     Abdulmumini Jawondo     Jamiu Oyawoye     COVID-19 Palliatives     Sheriff Shagaya     Abdul Jimoh Mohammed     Lukman Oyebanji Fagbemi     Makama Of Kaiama     Ayodele Shittu     Ghali Alaaya     Ilorin Talaka Parapo (ITP)     Tunde Mukaila Mustapha     Ola Falade     Labour Party     Ebun-Olu Adegboruwa     Saliu Ajia     Kwara State Infrastructure Development Fund     Baakini     Ijakadi     Lanre Issa Onilu     Babatunde Ishola Babaita     Medinat Folorunsho Salman     UNILORIN Alumni     Egbejila     Joseph Offorjama     Kayode Bankole     CACOVID     Okiki     Salau Kabiru Abdullahi     Aminat Ahmed     Gobir Organization Foundation     Aisha Ahman Pategi     Abdulganiyu Salahudeen     Babajide Ajayi     Abikan     IHS     Abdulrazaq Aiyelabegan     AIT Ilorin     Suleiman Idris     Imodoye Writer’s Enclave     James Ayeni     Gobir     Haruna Olawale Sulaiman     Aminu Adisa Logun     Mopelola Abdulmaliq-Bashir     Gamji Members Association     April 11     JSSCE     Amusa Bello     Prince Sunday Fagbemi     VADA     Fatimoh Lawal     Olatunji Moronfoye     Abdulrahman Onikijipa     Igosun     Adedayo Yusuf Abdulkareem     Mohammed Katsina Ahmed    

Cloud Tag: What's trending

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

Abatemi-Usman     Sheu Ndanusa Usman     Kale Bayero     Adebayo Salami     Sobi     Nigerian Supreme Council For Islamic Affairs     Ilesha-Baruba     Oloyede     Ilesha-Gwanara     Rasaq Jimoh     Patience Jonathan     PharmAccess Foundation     08001000100     KWASSIP     Akeem Lawal     Yusuf Mubarak     Kwara Apc     Aasiyat Bello Oyedepo     Alliance For Democracy     Yeketi     Paul Olawoore     Tunde Saad     Shoprite     Bilikis Oladimeji     Flights To Ilorin     Khadijat Ayoola Yusuf     Olomu Of Omu-Aran     Oyelere Oyinloye     Saad Belgore     Abdulrasaq Alaro     Okin High School     Yahaya A Paniyaro     AbdulHamid Adi     Saadu Gbogbo Iwe     Mamatu Abdullahi     Jimoh Saadudeen Muhammed     REO CAKES     Inside Kwara     Adedeji Onimago     Yinka Aluko     Lafia Aliyu Korasabi     John Olajide Adedipe     Yusuf Abdulraheem     Musbau A. Akanji     Prince Mahe Abdulkadir     Otunba Taiwo Joseph     Ile Arugbo     Kunbi Titiloye     CLAY POT     Ibraheem Abdullateef     Alimi Abdulrazaq     Oyedepo     Olofa Of Offa     Ibrahim Abdulqadir Abikan     Ilorin Metro Park     Tosho Yaqub     Ishak Mohammed Sabi     CELF     KwaraLearn     Irepodun     Rihanat Ajia     Abdul-Rasheed Na\'Allah     Abdullateef Abdussalam     Kwara Pdp     Saad Omo\'ya     Monthly Sanitation Exercise     SWAN     Bayo Ajia     Ilorin Descendants Progressive Union     Alfa Belgore     Michael Nzwekwe     Awwal Jawondo     Dumagi     Timothy Olatunde Fadipe     Ella Supreme Tissue Paper     Tinubu     Salihu Ajia