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.

Habeeb Saidu     COVID-19 Palliatives     Sobi Specialist Hospital     Abatemi Usman     Kwara State Television     Aremu Odolaye     Abdulfatai Ahmed     Kwara Politics     Rafiu Ajakaye     Just Law Forum     Sobi FM     Ajibola Saliu Ajia     Kolade Solagberu     Lotus Bank     AGILE Programme     UNILORIN Alumni Association     Iyabo Adisa Ibiyeye     Kayode Alabi     Doyin Agbamu     Kola Ologbondiyan     Shao     Binta Abubakar Mora     General Tunde Idiagbon International Airport Ilorin     Ganiyu Taofiq     Ijakadi     Yoonus Lawal     Gamji Members Association     Gbenga Olawepo     Albert Ogunsola     ASMAU PLAZA     Jawondo     Mohammed Yisa     Igbomina     Bashiru Makama     Government High School Adeta     Earlyon Technologies     Abdulrasheed Na\'Allah     Egbejila     N-Power     Gbadeyan Gbadura Yomi     Saba Jibril     Senior Ibrahim Suleiman     Binta Abubakar-Mora     Sai Kayi     Katibi Ibraheem Adeola     Baba Isale     HAMFAT Clinic And Maternity     Kale Belgore     Olatunde Jare     Babaita     Moremi High School     Nupe     Al-Adaby     Ilorin Talaka Parapo (ITP)     Kola Adesina     Lanre Jimoh     Kayode Issa     Abdulmajeed Abdullahi     Lanre Issa-Onilu     Abdullahi AbdulMajeed     Abdulrazaq Magaji     Eruku     Bilikisu Oniyangi     John Kehinde Salako     Yusuf Abubakar     Ayekale     Ahmad Uthman     Akorede     Akeem Lawal     Suraj Tunji Oyewale     Musa Ayinla Yeketi     Maryam Nurudeen     Oniwa     Hikmah AbdulKareem     Akande Idowu Ayoola Muhammed     Police Commissioner     Colleges Of Education Academic Staff Union    

Cloud Tag: What's trending

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

Sunday Popo-Ola     Yusuf Mubarak     JUSUN     Kwasu     Ganiyu Abolarin     ARMTI     Tunde Saad     AbdulQowiy Olododo     Saheed Alakoso     Taofeek Sanusi     Ibrahim Kayode Adeyemi     Obasanjo     Garment Factory     Ayoade Akinnibosun     Albert Ogunsola     Ilorin International Airport     Abdulsalam Firdaous Amosa     Senate     Ola Falade     Ijagbo Health Centre     Raymond Olaitan     Saidu Kawu     Ado Bayero     Shonga Farm Project     Ahmed     Shuaib Olarongbe     Abdulrazaq Akorede     Emir Of Kano     Aliyu Muhammed     Sarakite     Sulu Babaita Isiaka     Government High School Adeta     SWAN     Oyawoye     Aisha Abodunrin Ibrahim     High Court     Odolaye Aremu     Razak Atunwa     George Innih     Gambari     Lafiagi     Tafidan Kaiama     Yusuf Amuda Gobir     Jaiz Bank     ENetSuD     Olabode George Towoju     Kwara Volleyball Association     Abdulmumini AbdulRazaq     Chief Of Staff     Edret Sabi Abel     Balogun-Ojomu     Village Alive Development Association     Kwara 2015     Hijab     Bola Olukoju     Olaiya Lawal     George Funsho Adebayo     Budo-Egba     Saliu Shola Taofeek     Ibrahim Abdullahi     Henry Makinwa     Olupako Of Share     Aliyu Kora Sabi     Playing Host     Hussein Oloyede     Doyin Awoyale     Hauwa Nuru     Bayer AG     March 28     Imodoye Writer’s Enclave     Ridhwanullah Al-Ilory     Fatai Garuba Labaka     Alaro     Gbenga Adebayo     Abdulrazaq Aiyelabegan     Aisha Ahman-Pategi     Mogaji Aare