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.

Oke-Ero     Umar Bayo Abdulwahab     Sidikat Uthman Ajibola     Baruten     Samuel Elizabeth Keatswa     Centre For Digital Economy     Bashirat Bola Bello     Bello Bature     Yusuf Abdulraheem     Kunle Suleiman     Yusuf Mubarak     Abdulrazaq Solihudeen     Code Of Conduct     Egbewole     Elewu     Law School Scholarship     TESCOM     David Oyerinola Adedunmoye     Special Adviser On Digital Innovation     Jide Oyinloye     Diagnostic Centre     Abdulganiyu AbdulAzeez     Isapa     Aliyu Salihu     Kulende-UITH     Omupo     Cassava Growers\' Association     Issa Oloruntogun     Babs Iwarere     Henry Olaosebikan     Valsolar     Temitope Ogunbanke     Awoye     Ayinde Oki     Toyin Abdullahi     Al-Ilory     Alimi     Bayer AG     Esuwoye     Sabi     Ajayi Okasanmi     March 28     Yusuf Lanre Badmas     Turaki     07039448763     Guber Aspirant     Omotosho     Abdulkareem Alabi     Abiodun Oyedepo     Joseph Offorjama     Razaq Ayobami Akanbi     Park     Shonga Farm Project     Igbomina     Raheem Adaramaja     Osinbajo     Trade Lenda SME Fair     Moses Salami     Oke-Odo     Ogbondoroko     PAACO-PCL Consortium     Muhammad Akande Olarewaju Odunade     Joseph Bamigboye     Habeeb Saidu     Kawu Baraje     Sulu Gambari     Mohammed Yisa     Gani Saadu     Lafia Aliyu Korasabi     Saeedat Aliyu     Oko     Abdulrahman Iliasu     Akorede     BECE     Akanbi-Oke     Kwara State Coalition Of Business And Professional Associations     Federal Allocation    

Cloud Tag: What's trending

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

GRA     Ophthalmological Society Of Nigeria     Minister     Baruba     Abdulganiyu Oladosu     Christopher Tunji Ayeni     Mansur Alfanla     Obasanjo     Baba Idris     Durosinlohun Atiku     Adamu Atta     Ahmad Olanrewaju Belgore     SSA Youth Engagement     Na\'Allah     Ramadhan     Musa Yeketi     Malete     Isiaka Rafiu Mope     Al-Hikmah University     EFCC     Titus Ashaolu     Kwara Teaching Service Commission     Abdulganiyu AbdulAzeez     Maryam A. Garuba     School Of Nursing     Isiaka Oniwa     Kwara North     Amos Sayo     John Mayokun Dada     Kwara State Polytechnic     Muhammad-Mustapha Suleiman     Sheikh Alimi     Aishatu Ahmed Gobir     Olatunji Ayeni     Valsolar Consultoria     Sadiq Umar     QuickWin     Medinat Folorunsho Salman     Yusuf Abdulraheem     Kudirat Arinola Lawal     Majlis For Sadakah, Zakat And Waqf     Lola Olabayo     Patience Jonathan     Segun Ogunsola     Abdulwaheed Musa     KWATMA     Lai Gobir     Rex Olawoye     Yusuf Arowosaye     TVC Female National Debate     Haliru Yahaya     Curfew     Reuben Paraje     Bareke     Jeunkunu-Malete-Bani     20 Billion Bond     Lateef Alagbonsi     Ethical College     Kayode Oyin-Zubair     Local Government Pension Board     NAWOJ     Fulani     Yahaya Oloriegbe     GAMA     Biliaminu Aliu     Bello Oyedepo     Yahya Mohammed     Okanlawon Taiwo     National Information Technology Development Agency     Split Diamond Interchange     Alapansapa     COVID     Mutawalle     Chief Imam Of Lafiagi     Tunde Oyawoye     Kehinde Baale     Olawuyi