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.

Baruten     Balikis Jawondo     Saraki     Shoprite     Oyelere Oyinloye     Boko Haram     Rotimi Oyedepo     HYPPADEC     SUBEB     Olabanji Orilonishe     Bilikisu Gambari     Ajibike Katibi     Adolescent Girls Initiative For Learning And Empowerment     Wahab Olasupo Egbewole     Saka Abimbola Isau     Yemi Osinbajo     Ahmad Ali     Binta Abubakar-Mora     Kulende     Egbejila     Fatimah Abdulkadir     Lawal Arinola Kudirat     Local Government Pension Board     Maimunat Oniyangi     Sebastine Obasi     Fatai Olodo     Ndama Al-hassan     Ganmo     PAACO-PCL Consortium     Chartered Institute Of Personnel Management Of Nigeria     Ahman Patigi     Dapo Teni Nig Enterprise     Congress For National Consensus     Oladimeji Thompson     Law School Scholarship     Ajikobi     Communication Network Support Services     Umar Sanda Yusuf     Harrison Osauwagboe     Sanitation Exercise     Kwara South     Centre For Digital Economy     Shehu Raheem Adaramaja     Shaaba Lafiagi     Khadijat Ayoola Yusuf     Amosa     Muftau Akanbi Oke     Ejidongari     Oniwasi Agbaye     Saad Omo Iya     Kwara State Printing And Publishing Corporation     Kwara State Football Association     Kale Kawu     General Tunde Idiagbon International Airport     Abdulrahman Abdulrasak     Hakeem Idris     Salihu Jibril Garbi     Elekoyangan     Bankole Omisore     Tosin Saraki     Mutawali     Muyiwa Oladipo Kanu     Muyideen Ajani Bello     Muhammad Ghali Alaaya     Adeniyi Ojo     Bolakale Ayo     Shuaib Jawondo     Kolade Solagberu     Abdulrahman Iliasu     Gbugbu     Agboola Babatunde     Olota Of Odo-Owa     Obuh     Bashir Omolaja Bolarinwa     Muhammad Toyin Sanusi     Gbenga Adebayo     Adamu Ibrahim Sabi    

Cloud Tag: What's trending

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

Sarah Jubril     Na\'Allah     Abdulkarim Adisa     Col. Ibrahim Taiwo     Oba Abu     Ella Supreme Tissue Paper     Afolayan     Musa Aibinu     Odo-Owa     Asiwaju Bola Tinubu     Magaji Nda     Emir Of Yashikira     Ahman Pategi     Radio SBS     Patience Jonathan     Owode Market     Musbau A. Akanji     Folashade Omoniyi     Fatima Abolore Jimoh     Aliyu Muhammed     Jalala     Saka Aleshinloye     Borgu     Rex Olawoye     Oke-Ero     Mohammed Ghali Alaaya     Bature Bello     Olabimpe Olani     Isa Aremu     Mope Dasuki Belgore     George Innih     NAWOJ     Lawan     Saidu Isa     Quareeb     Zulkifli Ibraheem     Ridhwanullah Al-Ilory     Adamu B. Yaqubu     Lanre Issa Onilu     Abraham Ojo     Fatimoh Lawal     Micheal Imodu-Ganmo Road     Issa Baba     Suleman Abubakar     Babaloja-General     NSCIA     Revenue Court     Temi Kolawole     Sa\'adu Salau     Ajeigbe     Khairat Gwadabe     Oniwasi Agbaye     Hussein Olokooba     Aminat Ahmed     Muhammadu Gobir     Abatemi Usman     Trade Lenda SME Fair     LABTOP     Mary Arinde     April 11     Tunji Moronfoye     Ijagbo     Abdulfatai Salman Baakini     Shuaibu Yaman     JSSCE     Balogun Ajikobi     Mashood Dauda     Budo Egba     Obasanjo     Ilorin Emirate Stakeholders Forum     Congress For National Consensus     Freshvine Nigeria Limited     Mumeen Lah     Hassanat Bello     Malete     Shao     Marufat Oladosu