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.

CLAY POT     Mukhtar Shagaya     Bolakale Saka     National Broadcasting Commission     Javed Khan     Mahee Abdulkadir     Ibrahim Abdullahi     Samuel Olusegun Adedayo     Erubu Oba Zubair     Hassan Taiye Salam     Ibrahim Sulu Gambari     Segun Olawoyin     Allocation     Amusement Park     Halidu Danbaba     Ganmo Electricity Sub-Station     Ajia-Bako     Yahaya Dumoye     Special Agro-Industrial Hub     Toyin Falola     Kwabes     Yahaya A Paniyaro     Oba Abu     Salihu Jibril Garbi     Oniyangi     Gobir Organization Foundation     Binta Abubakar-Mora     KWASSIP     Sulyman Abdulkareem     Owo Isowo     Kale Bayero     Monthly Sanitation Exercise     Mumeen Lah     Rashidi Yekini     Saheed Alakoso     TESCOM     Olota Of Odo-Owa     Modupe Oluwole     NaAllah     Olabode Towoju     Afolayan     Saeedat Aliyu     Muhammed Aliyu     Modibbo Kawu     Oba Abdulrahim     Saka Keji     Ilofa     Arca Santa     Bolaji Aladie     Chartered Institute Of Personnel Management Of Nigeria     Olaosebikan     Ethical College     ER-KANG     Oko Erin     Bamidele Aluko     Odolaye Aremu     Volunteers Of Ilorin Community And The Emirate     Muhammadu Gobir     Olatunji Ayeni     Siraj Oyewale     Trader Moni     School Of Nursing     Ayinke Saka     Hameed Oladipupo Ali     Galadiman Ngeri     Saka Saadu     Countryside Emerging Leaders Fellowship     Opolo Global Innovation Limited     Abdulmajeed Wahab     Adewuyi Funmilayo     Mutawalle     Kwara North     Muhammed Mahe Abdulkadir     Abdulhakeem Amao     Mufutau Olatinwo     Kayode Bankole     Aisha Ahman-Pategi    

Cloud Tag: What's trending

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

Samuel Adedoyin     IPSAS     Abdulrazaq Adebayo     Babatunde Idiagbon     Ambassador Kayode Laro     Al-Hikmah Radio     Na\'Allah     Mopelola Abdulmaliq-Bashir     Funke Adedoyin     Mahee Abdulkadir     Iyaloja-General     Dairo Kunle Paul     Justina Oha     Baruten     Pategi     Ayobami Seriki     Saka Aleshinloye     Balogin Alanamu     Henry Makinwa     Oba Mogaji Abdulkadir     Deji Ajani     Yusuf Abdulraheem     Kayode Issa     Quarry Royal Valley     Bayer Nigeria Limited     Olatunji Ayeni     New Naira Notes     Abdulrasheed Lafia     National Association Of Nigerian Students     Bio Ibrahim     Ilesha-Gwanara     Okanlawon Musa     Sa\'adu Salau     Shehu Alimi Foundation For Peace And Development     Yahaya Abdulkareem     Abdulbaqi Jimoh     Akanbi-Oke     Abdulwahab Olarewaju Issa     ER-KANG     Eghe Igbinehi     Arca Santa     Abiodun Jacob Ajiboye     Ahmed Shuaib Buranga     Abubakar Baba     Edu     Ayodele Olaosebikan     Rafiu Ibrahim     Saka Abimbola Isau     Basic Education Certificate Examination     Cornelius Adebayo     Moronfoye     Wahab Femi Agbaje     Hauwa Nuru     Micheal Imoudu     Kamoru Kadiri     Mustapha Akanbi     Yinka Aluko     Chikanda     Kayode Bankole     AbdulRauf Keji     UNILORIN Alumni Association     Agboola Babatunde     Special Agro-industrial Processing Zone     Kwara State Television (KWTV)     April 11     Ajibike Katibi     Onilorin     Kayode Laro     Adamu Jemilat-Baki     Government High School Adeta     Yomi Ogunsola     Musa Aibinu     Lanwa     Kulende-UITH     Gaa Olobi     Rihanat Ajia     Abdulkarim Adisa