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.

Aliyu Alhassan     Omotoso     Kumbi Titilope     Abubakar Aliagan     Bond     NTA Ilorin     Elections     Abdulrauf Aliyu     SUBEB     Buhari     KWASAA     Iyaloja-General     Ibrahim Abdulkadir Abikan     Shuaibu Yaman     Abubakar Abdulraheem     Amusa Bello     YAKOOYO     Gbugbu International Market     Olayinka Are     Owo Arugbo     IsDB     Isaac Gbenle     Tanke Flyover Bridge     Yusuf Abdulwahab     Baba Isale     Femi Agbaje     Ado Bayero     Laolu Saraki     Mahfouz Adedimeji     Razaq Ayobami Akanbi     Tanke Road     Muhammad Sirajo Aliyu     Ayo Salami     Imodoye Writer’s Enclave     Chartered Institute Of Personnel Management Of Nigeria     CBT     Oniwasi Agbaye     Kwara Apc     Mahee Abdulkadir     Oba Abdulkadir La\'aro     Code Of Conduct     Ubandoma     Sidikat Akaje     MMWG     Elese Of Igbaja     Alore     Jumoke Gafar     Countryside Emerging Leaders Fellowship     Yahaya Abdulkareem     Local Government     Economic And Financial Crimes Commission     Kulende-UITH     Okoolowo     Raji AbdulRasaq     LAK Jimoh     KSIRS     Suleiman Yahya Alapansapa     Biliaminu Aliu     Tunde Saad     Radio SBS     KWIRS     Nurudeen Mohammed     Kwara 2019     Mohammed Tunde-Jimoh     Alfa Modibbo Belgore     Ganmo     Isiaq Khadeejah     Sarafadeen Kayode Akorede     Joana Nnazua Kolo     Akume     Amuda Aluko     Isiaka Oniwa     Aliyu Olatunji Ajanaku     Idi-Ape     Riskat Opakunle     IF-K     Orire    

Cloud Tag: What's trending

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

Durbar Festival     Labour Party     Kolade Solagberu     Crystal Corner Shops     Adedayo Yusuf Abdulkareem     Mujtabah Bature     Agbarigidoma     Asa LGEA School     Galadiman Ngeri     Opolo Global Innovation Limited     Muhammed Danjuma     Ilorin Curfew     Olabanji Orilonishe     Coronavirus     John Olajide Adedipe     Muhammad Akande Olarewaju Odunade     Olokoba Abdullahi Ayinla     Kayode Ishola     Babata     ER-KANG     Saadu Yusuf     Muhammed Aliyu     Kunle Okeowo     FERMA     Borgu     Olatunde Michaels     Akanbi-Oke     Saka Asiat Ayinke     Admiralty Villa     Special Agro-industrial Processing Zone     Frootify     Apaokagi     Maja     Kwara Pdp     Oju Ekun Sarumi     Jimoh Akani     General Tunde Idiagbon International Airport Ilorin     Peter Obi     Titus Suberu-Ajibola     Third Estate     Arik     Shuaib Olarongbe     Abiodun Jacob Ajiboye     Oyeyemi Olasumbo Florence     Ella Supreme Tissue Paper     Hakeem Idris     Patigi Regatta     Olaiya Victor Mobolaji     Baaziki Sulaiman     Ilesha-Baruba-Gwanara     Offorjama     Isiaka Abdulrazak     Firdaos Amasa     Erin-ile     Omotoso Musa     Village Alive Development Association     Edret Sabi Abel     Ilorin     Halimat Yusuf     Ilorin Metro Park     A.E. Afolabi     CBT     Ganiyu Taofiq     Odogun Olushola Gabriel     Omu Aran     Kwara Muslim Pilgrims Welfare Board     Oke-Odo     Afolabi-Oshatimehin     Shuaib Boni Aliyu     Abubakar Baba Sulaiman     Moshood Kashimawo Abiola     AbdulHakeem Ajibola Akanbi     Sabi     Kwara Restoration Project     Raliat Elelu-Habeeb     Saeedat Aliyu     Ahmed Shuaib Buranga