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.

Freshvine Nigeria Limited     CACOVID Palliatives     Isiaka Alikinla     Sam Okaula     Sadiq Buhari     Gabriel Fashanu     Patigi Regatta     LABTOP     Omotosho     Ayodele Shittu     Busari Alabi Alausa     KWASAA     Ajikobi     JAAC     Ilesha-Baruba-Gwanara     Atunwa     SDP     Wasiu Onidugbe     Iyiola Oyedepo     Muhammad Sirajo Aliyu     Medview Airlines     Baba-Isale     Oba Abdulrahim     Marafan Shonga     Muftau Akanbi Oke     Abdulmajeed Abdullahi     Summit University     Baakini     Haliru Yahaya     Alimi Abdulrazaq     Kwara Poly     Aliyu Olatunji Ajanaku     Quranic Recitation Competition     Justina Oha     Lanre Badmus     Ogidi-Oloje     Ramadhan     Afonja Descendants Union     Kolawole Akande     Woro     Ahmad Fatima Bisola     Abdulsalam A. Yusuf     Muhammed Abdullahi     Tanke Flyover Bridge     Kassim Babamale     Aisha Abodunrin Ibrahim     Mahmud Ayinla Giwa     Sabi     Muslim Media Watch Group Of Nigeria     Wahab Olasupo Egbewole     Ronke Adeyemi     Olayinka Are     Ilorin Descendants Progressive Union     Dogara     Prince Sunday Fagbemi     Sulyman Tejidini     Sobi FM     N-Power     Yusuf Aiyedun     Ajakaye     Twitter     Oke-Oyi     Kunle Akogun     Oko-Erin     Ilorin International Airport     Akeem Lawal     Muhammadu Buhari     Gobirawa     Mohammed Ghali Alaaya     ARMTI     Apata Ajele Secondary School     Ahmed Mohammed Rifun     Bayo Ajia     Salman Jawondo     Ilorin Talaka Parapo (ITP)     Ibrahim Taiwo Road     Saad Belgore    

Cloud Tag: What's trending

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

Sulyman Buhari     UTME     Kale Ayo     QuickWin     Abdulganiyu Salahudeen     Christopher Odetunde     Chief Imam Of Omu-Aran     Abdulmumin Yinka Ajia     Just Law Forum     Bola Iyabo Ibiyeye Adisa     Bond     Kolo     Aminu Ado Bayero     Firdaos Amasa     Dauda Adeniran Adeshola     Salman Suleiman     Kwara State Fish Farmers Association     Abdulwahab Oba     Zulkifli Ibraheem     Abdulrahman Abdulrasaq     Maja     Matthew Babaoye     Raliat Elelu-Habeeb     Javed Khan     CCEPE     Saliu Alamoyo     Dauda Adesola     Bello Oyebanji     Sabi     Saheed Popoola     Hijaab     Kwara State Polytechnic     Jimoh Olusola Imam     Abiodun Musa Aibinu     Ilesha-Gwanara     Bisi Oyeleke     Al-Adaby     Fatai Garuba Labaka     Apado     Ahmed Mohammed Rifun     Kwara Pdp     AbdulRazaq Abubakar Jiddah     Communication Network Support Services     Ibraheem Abdullateef     Oni Adebayo     AbdulRazaq Jiddah     Doyin Agbamu     Oko     Illyasu Abdullahi     Forgo Battery Company Limited     Abatemi Usman     Nurudeen Mohammed     Funke Adedoyin     Elese Of Igbaja     Demola Banu     Tunde Oyawoye     Bukola Ajikobi     Doyin Group     Sambo Murtala     Issa Memunat Moyosore     Oke-Odo     Saka Saadu     Bolaji Nagode     Lanre Badmus     Sheikh Hamzat Yusuf Ariyibi     Olajumoke Monsura Gafar     Muhammad Mustapha Suleiman     Umar Yakubu Jaja     Sheikh Ridhwanullah El-ilory     Adijat Adebiyi     Kayode Laro     Raji AbdulRasaq     New Nigeria People’s Party     Saadu Yusuf     Onilorin     Mufutau Olatinwo     Taofik Mustapha