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.

Wahab Femi Agbaje     Jumoke Gafar     NULGE     Olanrewju Okanlawon Musa     Oke-Odo     CELF     First Lady     Yusuf AbdulRasheed     Baba Issa     Ilorin Talaka Parapo (ITP)     Raliat Elelu-Habeeb     Ndama Al-hassan     Babs Iwarere     Elerin Of Erin-Ile     Agor     Olupako     Shehu Adaramaja     Hijab     Raheem Adaramaja     Bola Sagaya     Lanre Badmus     Amina El-Imam     Ramat Oganija     Okala Baba     Gbemi Saraki     Tsaragi     Kamaldeen Gambari     Tunde Oyawoye     Saka Asiat Ayinke     AbdulRahman Saad     Lukman Oyebanji Fagbemi     Dan-Kazeem     Titus Suberu-Ajibola     Umar Adelodun     Theophilus Oyebiyi     Folorunsho Alao     Eghe Igbinehin     Kwara South     Offa Descendants Union     Al-Hikmah University     Association Of Kwara State Online Media Practitioners     Ilorin Metro Park     Atunwa     Valsolar Consultoria     Local Government Pension Board     S.O. Opowoye     Alagbado     Olokoba Sulyman     Kwara Teaching Service Commission     Young Progressives Party     Habeeb Saidu     Maja     Mohammed Ghali Alaaya     Ayinde Oki     Nigeria Association Of Women Journalists     Zubair Folorunsho Erubu     Peter Amogbonjaye     Olusola Saraki     Ilorin Like-Minds     Jide Ashonibare     Kwara Central     Onilu     Olaiya Victor Mobolaji     Shuaibu Yaman     Kayode Ishola     Lanre Issa-Onilu     Government Girls’ Day Secondary School Pakata     Eruku     Sa\'ad Alanamu     Ilota     Kwara State Television     Omoniyi     IQRA College     Adedeji Onimago     Baboko Primary School     Eleja Taiwo Banu     Nagode    

Cloud Tag: What's trending

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

Gobir     Dapo Teni Nig Enterprise     Mohammed Ajia Ibrahim     Abubakar Aliagan     Public Holiday     Alfa Yahaya Road     Hikmah AbdulKareem     Kayode Yusuf     Sola Saraki Educational Foundation     Iyeru Grammar School     IESA     Okedare     Kwara North     Fatimoh Lawal     KWATMA     Ndama Al-hassan     Lotus Bank     Nagode     National Pilot     Okeose Christian Cementary     Baakini     Yusuf Lanre Badmas     Salman Suleiman     Elerin Of Erin-Ile     National Information Technology Development Agency     Kunle Suleiman     Wale Oladepo     Abdulwasiu Bolaji Adeyi     Ayotunde Emmanuel Alao     Edret Sabi Abel     LEAH Charity Foundation     Amule     Gobir Organization Foundation     Waziri Yakubu Gobir     Ayobola Ipinlaiye     Haliru Yahaya     Tafida Of Kaiama     Chartered Institute Of Personnel Management Of Nigeria     Yinka Aluko     Abdulraheem Olesin     Baruten     Hassan Saliu     Wahab Femi Agbaje     Arandun     Ado Bayero     Umar Saro     Mansur Alfanla     Umaru Saro     Olatunji Ayeni     Folajimi Aleshinloye     Taofik Abiodun Ahmed     Michael Imoudu National Institute For Labour Studies     Bibire Ajape     Aso Ofi     Musa Aibinu     Veterinary Teaching Hospital     Makama     Gbugbu International Market     Kwara State Sports Commission     HICA     Al-Ilory     Kwara Politics     Hassan Abdulazeez Elewu     Abdulmumini AbdulRazaq     Mustapha Akanbi     Iliasu     Sidikat Uthman Ajibola     Aiyedun     Muslim Cementary     Muhammed Abdullahi     Ubandoma Of Ilorin     New Naira Notes     Kunbi Titiloye     Amasa     Bolakale Kawu Agaka     Ghali Muhammed     Kwara State Health Insurance Agency