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.

Kumbi Titiloye     Saad Omo\'ya     Isiaq Khadeejah     Societe Generale Bank Of Nigeria     Government Girls’ Day Secondary School Pakata     Kwara NIPR     Ridwan Agboola     General Tunde Idiagbon International Airport     Lithium Deposit     Amoyo     Ilorin Durbar     Ile Arugbo     NSCIA     Voices Of Tomorrow     Olugbense     Wole Oke     Kehinde Boyede     Neuropsychiatric Hospital     Danhawa     Taofeeq Olateju     Olupako     Bisi Oyeleke     V.O. Abioye     Victor Gbenga Yusuf     Toyin Saraki     Sunday Popo-Ola     Coalition Of Kwara North Groups     Ubandawaki     Hikmah AbdulKareem     Economic And Financial Crimes Commission     Ayobami Seriki     Convocation Ceremonies     Ibrahim Taiwo     Ibrahim Agboola Gambari     Offa Grammer School     Abdulsalam Firdaous Amosa     Rasheed Jimoh     IQRA College     Tosin Saraki     Ilorin     Benin Republic     Emmanuel Olatunji Adesoye     Nigerian Army     Fareedah Dankaka     Trade Lenda SME Fair     Tafida Of Ilorin     Ahmed Dankaya     Adesoye     AbdulGaniyu Kareem     Makama Of Ilorin     Abdullahi Adisa Akodudu     Oke-opin     Muazam Nayaya     Busari Alabi Alausa     AbdulHamid Adi     Jani Ibrahim     Olanrewju Okanlawon Musa     Saheed Akinwumi     Ibrahim Taiwo Road     Volunteers Of Ilorin Community And The Emirate     Durosinlohun Atiku     Bola Ahmed Tinubu     Post-utme     Junior Secondary School Certificate Examinations     ASUU     Mohammed Yisa     Ahmed Saidu Rufai     Igbomina     Popo-Igbonna     Galadima     State Bureau Of Internal Revenue     Ayinde Oki     Sarakite     Samuel Olusegun Adedayo     Olofa Of Offa     Ganmo Electricity Sub-Station     GGDSS Pakata    

Cloud Tag: What's trending

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

Aliyu Muhammad Saifudeen     Oni Adebayo     Bond     Kwara Central     Kayode Issa     Ishaq Abdulkarim     Kayode Yusuf     Olomu     Hajj     Ishola Abdullahi     Mohammed Yisa     Bamikole Omishore     Ahmad Lawan     Ohoro Of Shao     AbdulRauf Keji     Roseline Oni Aremu     Baba Isale     Oju Ekun Sarumi     Azeez Bello     Bio Ibrahim     Okin Malt     Harafat E. Mukadam     Taofeeq Olateju     Kayode Ogunlowo     Emir Of Ilorin     Abdulmutalib Shittu     Damilola Yusuf     Osi     Tosho Yaqub     Bayo Ajia     Abdulkarim Adisa     Olatinwo     Isiaka Danmeromu     Nigeria Association Of Women Journalists     Alfa Modibo Belgore     Kwara Primary Health Care Development Agency     Katibi Ibraheem Adeola     Abdulquowiyu Olododo     Age AbdulKareem     TESCOM     Atiku Abubakar     Kawu Baraje     Aremu Odolaye     Iyiola Oyedepo     Ganiyu Taofiq     Prince Mahe Abdulkadir     Ayodele Kuburat Olaosebikan     Bello Oyedepo     Ola Falade     Freshvine Nigeria Limited     Abdulbaqi Jimoh     Salary     Unilorin     Malete     Lotus Bank     Otunba Taiwo Joseph     Sheikh Alimi     Sulyman Buhari     Baba Adini Of Kwara State     Kwara-SAPZ Project     Folajimi Aleshinloye     JMK Construction Company Limited     Shonga     Naira Redesign     Jaigbade Alao     Bayo Lawal     David Oyerinola Adedunmoye     Magaji Nda     Abubakar Kawu Baraje     Nurudeen Muhammed     Yahaya Jibril Usman     Abdulfatah Ahmed     Musa Alhassan Buge     Ojo Isekuse     Tafida     Tanke     Kulende