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.

Salihu Jibril Garbi     Zubair Folorunsho Erubu     Medinat Folorunsho Salman     Ajayi Okasanmi     Adewuyi Funmilayo     Mary Kemi Adeosun     National Broadcasting Commission     Kayode Alabi     Idiagbon     Toyin Sanusi     Dogara     Eghe Igbinehi     Aliyu Muhammad Saifudeen     Kwara State Sports Commission     Mufutau Gbadamosi Esuwoye     Yakubu Shaaba     Mamatu Abdullahi     Abdullahi Saadudeen Alikinla     Isau     Alliance For Democracy     Sunday Fagbemi     Shuaib Olarongbe     Mahmud Ayinla Giwa     Abdullateef Abdussalam     Adaramaja     Balogin Alanamu     Abubakar Atiku     Henry Olaosebikan     Waheed Ibrahim     Ilorin Likeminds Foundation     Crystal Corner Shops     Habeeb Saidu     Ophthalmological Society Of Nigeria     Yusuf Amuda Gobir     Savannah Centre For Diplomacy, Democracy And Development     Ola Falade     Olateju Lukman     Royal FM     Saka Balikis Kehinde     Durosinlohun Kawu     Toyin Saraki     Khairat Gwadabe     Doyin Awoyale     Saka Asiat Ayinke     Arinola Fatimoh Lawal     Segun Abifarin     Iyabo Dupe Adekeye     Ilorin West/Asa Federal Constituency     Olatinwo     Ganmo Power Sub-Station     Yahaya Seriki Gambari     Hajj     Ilorin International Airport     Salman Alada     Abdulrazak Shehu Akorede     KwaraLearn     David Adesina     Abdulkadir Remi Hawawu     Umar Saro     Bilikis Oladimeji     Shuaibu Yaman     Muyiwa Oladipo Kanu     AbdulGafar Tosho     Mohammed Halidu     Kwara Volleyball Association     John Dara     Babaloja-General     Sidikat Akaje     Jare Olatundun     Abdullahi Dasilva Yussuf     Yahya Mohammed     Kolo     CLAY POT     Ilorin Central Mosque     Siraj Oyewale     Oyun     Kazeem Oladepo    

Cloud Tag: What's trending

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

KFA     Nigerian Correctional Service     Arandun     Imodoye Writer’s Enclave     Abdulraheem Olesin     Madawaki Of Ilorin     Fatimat Saliu     Abdulmajeed Abdullahi     Kolo     KWATMA     Rex Olawoye     Abdulkarim Adisa     Oluwatoyin Lukman     Aliyu Salihu     Student Learning Support Helpline     Col. Adedipe     Nupe     Olateju Lukman     Adebayo Mohammed Kamaldeen     Ahmed     Olupako     Gambari     Kumbi Titiloye     Association Of Kwara State Online Media Practitioners     Joseph Offorjama     Ajibike Katibi     Hameed Oladipupo Ali     National Broadcasting Commission     UITH     Sa\'ad Alanamu     Monthly Sanitation     Samari     Musa Abdullahi     Medinat Folorunsho Salman     Mahmud Durosinlohun Atiku     Babatunde Ishola Babaita     Olatunji Bamgbola     United Nigeria Airline     Bola Iyabo Ibiyeye Adisa     Abdulkadir Remi Hawawu     Saka Saadu     Women Radio     Aliyu Kora-Sabi     Sunday Otokiti     Fatimoh Lawal     Ebola     Bilikisu Gambari     Salake     Bukola Saraki     Bareke     Mohammed Ibrahim     Ibrahim Gambari     Public Holiday     Ijagbo Health Centre     KWIRS     Sola Saraki University     Rafiu Olasile     Binta Abubakar Mora     Shonga Farm Project     Femi Gbajabiamila     Tsaragi/Share     Yusuf Ibitokun Sherifat     Osi     Nigerian Army     Toun Okewale-Sonaiya     Shehu Raheem Adaramaja     Kolawole Akande     Kwara Apc     Ope Saraki     Kayode Oyin Zubair     Ahman Patigi     IESA     Chief Imam Of Offa     Teachers Specific Allowance     Baaziki Sulaiman     Afolasade Opeyemi Kemi     2017 Budget