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.

Haruna Tambiri Mohammed     Baba Issa     Abdulmumini Sanni Jawondo     Babs Iwarere     TESCOM     Alanamu     Baaziki Sulaiman     Yahaya Abdulkareem     Abdullahi Dasilva Yussuf     Muslim Cementary     Taofeeq Olateju     Yusuf Arowosaye     Moses Rahman Popoola     Halidu Danbaba     Musibau Akanji     Moses Salami     Freshvine Nigeria Limited     Chikanda     Seun Bolaji     Salihu S. Yaru     Yeketi     Kwara State Fish Farmers Association     Shettima Of Ilorin     Bamidele Aluko     Mohammed Danjuma     Abubakar Lah     Sherif Shagaya     Aminu Adisa Logun     Edret Sabi Abel     New Naira Notes     Iyaloja-General     Aso-ofi     Rice Farmers Association Of Nigeria     CACOVID Palliatives     Abdulkarim Adisa     Bolaji Nagode     Oja-Oba     Kayode Alabi     Oladipo Akanmu Tolani     Mufti Of Ilorin     Orisun Igbomina     Maigidasanma     Michael Nzwekwe     Abubakar Baba Sulaiman     KWASSIP     Computer Based Test     Idiagbon     SARS     IQRA College     Kulende-UITH     Gamji Members Association     Idi-Ape     Matthew Babaoye     Ejidongari     Halimah Perogi     Pategi     Ramadhan     Kannike     Dauda Adesola     Yinka Aluko     TESCOM 2025     Wahab Isa     Saka Keji     2023 Elections     Apaokagi     Joseph Bamigboye     Sabitiyu Grillo     Zara Umar     Majlis For Sadakah, Zakat And Waqf     Ilesha Gwanara Road     Aisha Gobir     Garuba Alikinla Shittu     NAWOJ     Zubair Folorunsho Erubu     Al-Hikmah Radio     Ajike People Support Centre     Oya State    

Cloud Tag: What's trending

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

Shaaba Lafiagi     Ilorin.Info     Abubakar Kawu Baraje     Federal Polytechnic Offa     Local Government Pension Board     Ambassador Kayode Laro     HAMFAT Clinic And Maternity     Abdulkadir Bolakale Sakariyah     Saka Isau     Christopher Tunji Ayeni     Yoruba     ITP     Abdulmalik Bashir Mopelola Risikatullahi     Senior Staff Union Of Colleges Of Education     April 11     Seed Technologies     Shero     Ethical College     MMWG     Eleyele     Yemi Sanni     Fatimat Saliu     Mutawali Of Ilorin     Abdulkadir Akanbi-Oke     Chemiroy Nigeria Limited     Oyelere Oyinloye     Omotosho     Idris Amosa Saidu     Sobi FM     NIRSAL     Olatunji Ibrahim     Muideen Olaniyi Alalade     Tsaragi     Wasiu Odewale     Principal Private Secretary     UNIFEMGA     Atiku Abubakar     Share/Tsaragi     Senior Ibrahim Suleiman     Musa Aibinu     Ghali Muhammed     Jaigbade Alao     Henry Makinwa     Saliu Mustapha     Taofik Mustapha     Nigerian Supreme Council For Islamic Affairs     NTA Ilorin     Transition Implementation Committee     Shehu Alimi Foundation     Adijat Adebiyi     Read With Me     Abdulrasheed Na\'Allah     Computer Based Test     Olupako Of Share     Noah Yusuf     Zulkifli Ibraheem     Akande Idowu Ayoola Muhammed     Abubakar Abdullahi Bata     Yinka Aluko     Abdulkareem Alabi     Ahman Pategi     Ilorin Likeminds Foundation     Mahmud Babatunde Baker     Olusola Saraki     Jamila Bio Ibrahim     Christopher Odetunde     Kwara State Sports Commission     Kwara Poly     Obayomi Azeez     Salihu Jibril Garbi     Issa Memunat Moyosore     Muhammad-Mustapha Suleiman     Playing Host     Alabi Olayemi Abdulrazak     UNILORIN Alumni     Ilota     Femtech