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.

Kwara Metro Park     Sherif Sagaya     Hassan Oyeleke     TESCOM     Ahmad Olanrewaju Belgore     Femi Oladiji     Harafat E. Mukadam     Police Commissioner     Elerinjare     Abdulrasheed Na\'Allah     Oko     Government High School Adeta     Oye Tinuoye     Segun Abifarin     HICA     John Kehinde Salako     Mashood Abdulrafiu Agboola     Oluranti Idowu     Yunus Lawal     Magaji Nda     Kwara State Governor     Olayinka Oladapo Jogunola     Bukola Saraki     National Union Of Road Transport Workers     Bayo Onimago     Kunbi Titiloye     Kulende     Obuh     Abdulganiyu AbdulAzeez     Olaiya Lawal     Olomu Of Omu-Aran     Mufutau Gbadamosi Esuwoye     College Of Health     Ope Saraki     Dar-Al-Handasah Consultants     Abdullahi Saadudeen Alikinla     Adebayo Mohammed Kamaldeen     Elekoyangan     Amina Susa\'a De Ahmed     Abubakar Abdulraheem     Agor Market     Abatemi-Usman     Ibraheem Abdullateef     Elewu     Okin Biscuit     Split Diamond Interchange     Razaq Ayobami Akanbi     Najim Yaasin     Mahfouz Adedimeji     Sanusi Abubakar     Henry Olaosebikan     Kwara Coalition Of Business And Professional Associations     Ilorin Talaka Parapo     Umar Gunu     Issa Baba     Lawyers Unite Against Corruption     Isaac Gbenle     Oro Grammar School Old Students Association     Salihu Ajibola Ajia     Bank Of Industry     Mohammed Tunde-Jimoh     Muhammad Mustapha Suleiman     Shaykh Luqman Jimoh     Kale Ayo     Muhammed Abdullahi     Saliu Oluwole     Bashir Badawi     ANCOPPS     Isiaka Abdulrazak     Prince Sunday Fagbemi     Mamatu Abdullahi     NYSC     Atiku Abubakar     Issa Oloruntogun     Niyi Osundare     Kayode Oyin-Zubair     Share    

Cloud Tag: What's trending

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

Oluronke Adeyemi     Yusuf A. Usman     Saka Keji     Muhammadu Buhari     Balogun-Ojomu     Issa Memunat Moyosore     Ilesha-Baruba     Labour Party     Yusuf Olaolu Ali     David Adesina     Christopher Ayeni     Apaokagi     Ilorin South Constituency     Ministry Of Women Affairs And Social Development     Salihu Ajibola Ajia     Jimoh Bashir     Jani Ibrahim     Femi Gbajabiamila     Aisha Gobir     Babatunde Idiagbon     Funmilayo Zubair     Rasaq Jimoh     Sulyman Age AbdulKareem     COEASU     Students Union Government     Adesoye College     Air Peace     Asa     Offa Grammer School     Islamic Development Bank     Amuda Aluko     General Hospital, Ilorin     Toyin Olayinka Tejidini     Samuel Elizabeth Keatswa     Salihu S. Yaru     Budo-Egba     Aminat Ahmed     Abdulwasiu Bolaji Adeyi     Umaru Saro     Sobi Hill     Galadima     Hussein Oloyede     Basic Education Certificate Examination     Olomu     Ilorin Emirate Staff Association     Jumoke Gafar     Abubakar Kawu Baraje     Harafat E. Mukadam     Raliat AbdulRazaq     Alapado     Bayo Ajia     Olatunji Bamgbola     Abdulrahman Onikijipa     Kayode Yusuf     Abdulrahman Abdullahi Kayode     Muftau Akanbi Oke     Abdullahi Biffo     Tunji Moronfoye     Clement Yomi Adeboye     Hakeem Idris     Lateef Alagbonsi     Toyin Abdullahi     Bibire Ajape     Yunus Oniboki     College Of Education     Reuben Paraje     Joseph Offorjama     Muhammed Abdullahi     Labaeka     Adewuyi Funmilayo     College Of Arabic And Islamic Legal Studies     Olaitan Adefila     Kamaldeen Gambari     Kola Olota     Sa\'adu Salahu     Oko     National Pilot