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.

Saba Mamman Daniel     Fatai Garuba Labaka     Standard Organization Of Nigeria     Ella Supreme Tissue Paper     Labour Party     Umar Saro     Folaranmi Aro     Muhammed Aliyu     Yusuf Abdulkadir     Olosi Of Osi     C2c@kwarastate.gov.ng     Roseline Oni Aremu     Kayode Ibrahim     Adam Abdullahi Al-Ilory     College Of Health     National Pilot     Afetu Of Alabe     Yusuf Ibitokun Sherifat     Old Oyo     Revenue Court     Sulu Gambari     Trade Lenda SME Fair     Arinola Lawal     Isapa     Oko-Olowo     Shuaib Boni Aliyu     Folorunsho Erubu     Habeeb Saidu     Emmanuel Bello     Bayer Nigeria Limited     Bio Ibrahim     Kwara State Pension Board     Saidu Yaro Musa     Amosa     Ishola Moses Abiodun     Raliat AbdulRazaq     Mustapha Akanbi     Saidu Kawu     Deji Ajani     Abdulhakeem Adelaja Amao     Otoge     Aliyu Sabi     Katibi Ibraheem Adeola     Musibau Akanji     Kwara State Polytechnic     Ajayi Okasanmi     Yakubu Mohammed Abdullahi     Folajimi Aleshinloye     Senate President     Abubakar Imam     Ejidongari     Rotimi Oyedepo     Saad Omo\'ya     Elesie Of Esie     Earlyon Technologies     Ben Duntoye     N-Power     Amuda Bembe     Tanke Road     Danhawa     Kwara State Printing And Publishing Corporation     SWAN     Ojo Fadumila     Yinka Aluko     Kola Bukoye     Just Law Forum     Mutawalle     Otuka     Oba Mogaji Abdulkadir     IYA YUSUF     Aliyu Alhassan     AbdulFatai Adeniyi Dan-Kazeem     Ibrahim Labaika     Oluwole Dupe     Wale Oladepo     Marafan Shonga     Laboratory-to-Product    

Cloud Tag: What's trending

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

Lanwa     Bello Taoheed Abubakar     Kwara-SAPZ Project     MMWG     Olatunji Bamgbola     Just Law Forum     Basit Olatunji     Haruna Olawale Sulaiman     Muhammadu Buhari     Laolu Saraki     Balogun-Ojomu     Alikinla     Woro     Shonga Farm Project     Hamidat Sulyman-Yusuf     Asa LGEA School     Habeeb Saidu     Kwara State Fire Service     Apaola     Makama     Ahmad Olanrewaju Belgore     Moshood Bakare     Tuesday Assayomo     Tafida Of Ilorin     Oyelere Oyinloye     Ilorin West/Asa Federal Constituency     HAMFAT Clinic And Maternity     Abdulrazaq Magaji     Tosin Saraki     Abubakar Imam     Ado Bayero     Abioye Bello     Gobir Organization Foundation     Bluenile Associates     Mohammed Halidu     Ilorin Likeminds Foundation     Oye Tinuoye     Ndama Al-hassan     Sabi     Isiaka Alikinla     Budo Egba     Idris Garuba     Isiaka Oniwa     Yinka Aluko     Abiodun Musa Aibinu     Obayomi Azeez     Frootify     Hassanat Bello     Adama Isa     Vasolar Consortium     Alapado     Maryam A. Garuba     Ibrahim Abduquadri Abikan     Oba Sulaiman Asude     Binta Abubakar Mora     11th Galadima     Salami Adekunle     Victor Gbenga Yusuf     Yusuf Babatunde Abdulwahab     Siddiq Adebayo Idowu Salawu     Yahaya Seriki     Isapa     Quran     2023 Elections     Sanusi Abubakar     Awili Pedro     Kayode Alabi     Joseph Daudu     Salman Alada     CLAY POT     Elese Of Igbaja     Tsado Manman     Tsaragi/Share     Basic Education Certificate Examination     Alliance For Democracy     Ojo Fadumila     Okala Baba