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.

Durbar     Laolu Saraki     Yakub Lai Gobir     Bello Abubakar     Abdulkadri Ahmad Alaiye     Yekeen Alabi     Katibi Ibraheem Adeola     Sulyman Tejidini     Coalition Of Kwara North Groups     AbdulRazaq Jiddah     Omoniyi     Kumbi Titiloye     Bisi Kristien     Ajase-Ipo     Pius Abioje     HAMFAT Clinic And Maternity     Tescom.kwarastate.gov.ng     Abdulquowiyu Olododo     Quranic Recitation Competition     Kwara Hotel     Adamu Atta     Arandun     Ibrahim Bio     Simeon Sayomi     Col. Ibrahim Taiwo     Aliyu Olatunji Ajanaku     Veterinary Teaching Hospital     Amuda Aluko     Popo-Igbonna     Quareeb     Femi Ogunsola     Hussein Oloyede     Sobi     Ramadan     Dankaka     Saheed Alakoso     Baba Isale     Bolaji Nagode     Ministry Of Women Affairs And Social Development     Saliu Ajibola Ajia     Mansur Alfanla     Yahaya Muhammad     SGBN     Hassan A. Saliu     Kwara Pdp     Abdulwahab Oba     Afolabi-Oshatimehin     Alore     Michael Nzwekwe     Ajia-Bako     Towobola Abdulrahman Toyin     Ubandawaki     Omotosho     2017 Budget     Omotoso Musa     Muslim Stakeholders Of Kwara State     Malete     Oluranti Idowu     Abdulrahman Abdulrazak     Olaitan Adefila     Riskat Opakunle     Mufutau Gbadamosi Esuwoye     Lanre Issa-Onilu     Michael Nzekwe     Ganmo Electricity Sub-Station     Saka Keji     Abubakar Olusola Saraki     UTME     ER-KANG Mining Nigeria Company Limited     Ilorin West     Forgo Battery Company Limited     Asa LGEA School     Owode Market     Prince Mahe Abdulkadir     NNPP     SWAN     TESCOM 2025    

Cloud Tag: What's trending

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

Jide Oyinloye     AbdulKareem Yusuf Danhawa     Orisun Igbomina     Hijab     Matthew Babaoye     Simon Sayomi     Umaru Saro     Titus Ashaolu     Saliu Shola Taofeek     Abdullateef Abdussalam     Baboko     Kulende-UITH     SWAN     Mashood Dauda     Maimunat Oniyangi     KWATMA     Michael Nzwekwe     Shagari     Usman Rifun     Illyasu Abdullahi     Aro Yahaya     Katibi Ibraheem Adeola     Irepodun     Razak Atunwa     Boko Haram     Wale Oladepo     Isiaq Khadeejah     Olayinka Olaogun     Saad Belgore     Suleiman Idris     Umar Adelodun     Alabi Lawal     SSUCOEN     Hassan Oyeleke     Shettima Of Ilorin     Taofik Mustapha     Tinubu Legacy Forum     Bashiru Makama     Ajibike Katibi     IFK     Harmony Holdings     Valsolar Consortium     Oyelere Oyinloye     Olugbense     Trade Lenda SME Fair     IYA YUSUF     Gbemi Saraki     Busari Toyin Isiaka     Durbar     Timothy Olatunde Fadipe     Council Of The Wise     Dairo Kunle Paul     COVID-19 Palliatives     Abdulhakeem Adelaja Amao     Henry Makinwa     Isiaka Rafiu Mope     Tinubu     Afetu Of Alabe     Odo-Owa     Ballah     Omoniyi Ayinla     Agbarere     Abdulrosheed Okiki     Arik     General Hospital, Ilorin     Iponrin     Mope Dasuki Belgore     Kwara     CT Ayeni     Kishira     Saliu Tunde Bello     Yusuf Lanre Badmus     Elerin Of Erin-Ile     Pakata Development Association     Ahman Patigi     Nnazua     Olayinka Are