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.

Jaiz Bank     AGF Abdulrazaq     Abdulrahman Abdulrasak     Oyedepo     Federal Allocation     Muhammad Ghali Alaaya     Zaratu Umar     Buari Edun     Seed Technologies     General Tunde Idiagbon International Airport     Peter Obi     Kwara State Television     GAMA     Ajakaye     Halidu Danbaba     Mansur Alfanla     Oke-Ode     Emir Of Kano     Coalition Of Kwara North Groups     Albert Ogunsola     MalHub     Oluranti Idowu     Magaji Erubu     Ayobami Akanbi     Oke Sunna     Ita-Nmo Market     Ronke Adeyemi     Offa Grammer School     UITH     Sola Saraki University     Idowu Aremu     Ibrahim Orire     Facemasks     Jumoke Monsura Gafar     Yusuf Aiyedun     Federal College Of Education (Special), Afon     Muhammed Abdullahi     Amada Jidda     Clement Yomi Adeboye     Gurei     Olomu     Ekweremadu     Ilorin Emirate Staff Association     Durbar Festival     Tanke Road     Reuben Paraje     Funke Adedoyin     Toyosi Thomas     Convocation Ceremonies     Hassan A. Saliu     Azeez Salawu     Adewuyi Funmilayo     KWATMA     Saka Keji     Olabanji Orilonishe     PPS     Kazeem Adekanye     Agboola Babatunde     Omar Gambari     Senate Presidency     Chief Imam Of Omu-Aran     Muhammed Akanbi     David Oyerinola Adedunmoye     Folorunsho Alao     Yaru     Awoye     Amos Justus Sayo     Moremi High School     Ile Arugbo     Maimunat Oloriegbe     Egbewole     ITP     Kaosarah Adeyi     Muslim Stakeholders Of Kwara State     Isiaka Alikinla     Oba Mogaji Abdulkadir     Bolakale Kawu    

Cloud Tag: What's trending

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

Okala Baba     Mashood Dauda     Saidu Kawu     Dauda Adeniran Adeshola     SAPZ Project     Share/Tsaragi     Dan Masanin     Federal Road Maintenance Agency     Ronke Adeyemi     Kwara State Printing And Publishing Corporation     Hakeem Lawal     Benin Republic     Akande Idowu Ayoola Muhammed     Soffiyyallah Kamaldeen     Abdulganiyu AbdulAzeez     NURTW     Dairo Kunle Paul     Bibire Ajape     Hamid Bobboyi     College Of Arabic And Islamic Legal Studies     Jimoh Akani     Ganiyu Abolarin     Peter Obi     Gobir     IDPU     Council Of The Wise     Labaeka     Babajide Ajayi     Tope Daramola     Abraham Ojo     Smart School     Majlis For Sadaqah, Zakat And Waqf     Kwara State University Of Education     Ahmad Belgore     Ope Saraki     National Broadcasting Commission     PPS     TIC     Voices Of Tomorrow     Sulyman Tejidini     Plat Technologies Limited     Joana Nnazua Kolo     07039448763     Ariyo     Bello Oyedepo     Moses Afolayan     Adegoke Bamidele     Split Diamond Interchange     Oyelere Oyinloye     Agboola Abdulraheem     Titus Ashaolu     Elelu     Mahe Abdulkadir     Frootify     Ado Ibrahim     Lawal Olohungbebe     Yusuf Abdulraheem     Lai Mohammed     KFA     Chief Imam Of Ilorin     Bayo Mohammed Onimode     Abubakar Usman Jos     ITEM 7     Kisira     Ubandoma     Ibrahim Taiwo     Moses Salami     Kumbi Titilope     Amuda Musbau     Salman Jawondo     Ahmad Lawan     Saliu Tunde Bello     Saudat Abdulbaqi     Nigeria Association Of Women Journalists     Elesie Of Esie     KWIRS     Usman Alkali Baba