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.

Moremi High School     Abdullahi Biffo     Umar Adelodun     Idiagbon     Ishola Moses Abiodun     Idi-Ape     Sanusi Abubakar     Abdulrauf Aliyu     Taofik Abdulkareem Babaita     Aso Ofi     Elesie Of Esie     Yekeen Alabi     Aliyu Muhammad Saifudeen     Omar Bolaji Gambari     Bashirat Bola Bello     11th Galadima     Saliu Alamoyo     Ajike People Support Centre     Oke-Odo     Olofa Of Offa     Roheemat Hammed     Baaziki Sulaiman     Mumeen Lah     Gbenga Olawepo     Aiyedun     Sheu Ndanusa Usman     Ndakene     Alabe     Rafiu Ibrahim     Towoju     Babajide Ajayi     Laboratory-to-Product     CCT     Ilorin Emirate     Olohungbebe     Ubandawaki     Hamid Bobboyi     Lanre Issa-Onilu     Naira Redesign     Durosinlohun Kawu     Amosa     Amule     Vasolar Consortium     Otunba Taiwo Joseph     Owode Market     Jawondo     Federal Neuro-Psychiatric Hospital     Jani Ibrahim     Kwara United     Ekweremadu     Omotosho     Chief Imam Of Lafiagi     Musa Alhassan Buge     Olayinka Jelili Yusuf     NURTW     Alabi Olayemi Abdulrazak     Ilorin Central Mosque     Mohammed Lawal     Bola Magaji     Ojo Isekuse     Ghali Muhammed     Okasanmi Ajayi     Egbewole     Akume     Medview Airlines     Saidu Isa     Bolakale Ayo     Abubakar Lah     Dele Belgore     Rueben Parejo     Afonja     Young Progressives Party     Oko Erin     Yakub Lai Gobir     Saba Mamman Daniel     Sango-UITH Road     Folorunsho Erubu    

Cloud Tag: What's trending

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

Rashidi Yekini     Funmilayo Zubair     Mukhtar Shagaya     Special Agro-Industrial Hub     Kwara United     John Obuh     Dogara     Abdulrosheed Okiki     Doyin Awoyale     Okin Group     Pategi     Najim Yaasin     Abdulmumini AbdulRazaq     Mahmud Ajeigbe     Oasis Muslim Care Foundation     SDP     Raimi Iyanda     Popo-Igbonna     College Of Health     Hamidat Sulyman-Yusuf     Yusuf A. Usman     Muhammed Mahe Abdulkadir     Modibbo Kawu     Jeunkunu-Malete-Bani     Joseph Bamigboye     Muhammed Taofeeq Abdulrazaq     Egbejila     Abdullahi Imam Abdullahi     NULGE     Sobi     MINILS     Kolawole Akande     Col. Taiwo     Omar Gambari     Ahmad Uthman     Peter Obi     Just Law Forum     Abdulganiy Abimbola Abdussalam     Talaka Parapo     SWAN     Ekweremadu     Elese Of Igbaja     Ramadhan     Sherif Sagaya     Grillo     Abraysports FC     Oluwatoyin Lukman     Yusuf Olaolu Ali     Garment Factory     Siraj Oyewale     Harmony Holdings     Abdulkadir Remi Hawawu     Illyasu Abdullahi     Share-Tsaragi     James Ayeni     Issa Manzuma     Saba Mamman Daniel     Olam Food Ingredients     Sun Qing Rong     Olaiya Zuberu     Kwara 2019     Saka Aleshinloye     ASKOMP     Titus Suberu-Ajibola     Revenue Court     Oni Adebayo     Prince Mahe Abdulkadir     Nurudeen Muhammed     Al-Hikmah University     Abdulkadir Jimoh     Ishaq Abdulkarim     Abdullahi Dasilva Yussuf     Saba Jibril     Oko Erin     Solomon Edoja     Federal Road Maintenance Agency     Mohammed Haruna