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.

Ayegbeni     Apaola     Barakat Community Secondary School     Amuda Bembe     LEAH Charity Foundation     Olayinka Jelili Yusuf     Lateef Fagbemi     Ayodele Shittu     Abdulrasaq Alaro     Isiaq Khadeejah     Marafan Shonga     Umar Gunu     Titus Suberu-Ajibola     Dumagi     Isau     Saka Onimago     Rice Farmers Association Of Nigeria     Baakini     Jebba     Orisun Igbomina     Mope Dasuki Belgore     Elese Of Igbaja     Shuaib Jawondo     Ronke Adeyemi     Habeeb Abdullahi Al-Ilory     Ahman Pategi     Ilorin Curfew     Donatus Ejidike     George Innih     Abdullahi Dasilva Yussuf     Www.Kwarareports.com     Ibrahim Taiwo Road     Erubu Oba Zubair     Rebecca Olanrewaju     Matthew Okedare     REO CAKES     International Aviation College     Lola Ashiru     Col. Ibrahim Taiwo     Oasis Muslim Care Foundation     Abubakar Imam     Muyiwa Oladipo Kanu     Dapo Teni Nig Enterprise     Olaitan Buraimoh     Saadatu Modibbo-Kawu     Ola Falade     Post-utme     Ibraheem Adeola Katibi     Muideen Olaniyi Alalade     Oniwa     Abdulganiyu AbdulAzeez     Yusuf Amuda Aluko     Kale Kawu     Kwara Coalition Of Business And Professional Associations     Muslim Stakeholders Of Kwara State     Saadu Gbogbo Iwe     Amusa Bello     ER-KANG Mining     Zulu Gambari     Omu-aran     Ado Bayero     Edret Sabi Abel     Yekeen Alabi     Kwara State Fish Farmers Association     Olawuyi     Ambassador Kayode Laro     Abdulkareem Alabi     Mopelola Abdulmaliq-Bashir     Folajimi Aleshinloye     Oba Abdulraheem     RTEAN     HYPPADEC     Abdulrahman Abdulrazaq     Adebara     Abubakar Abdullahi Bata     Omupo     Yakubu Shaaba    

Cloud Tag: What's trending

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

Women Radio     Lasiele Alabi Yahaya     Olabode George Towoju     Mansur Alfanla     Niyi Osundare     Taiwo Joseph     Haruna Tambiri Mohammed     Kwara TV     Samuel Adaramola     Isiaka Yusuf     Nigeria Governors\' Forum     Abdulrahman Abdulrasaq     Kwara State Coalition Of Business And Professional Associations     Kunle Okeowo     Alabi Lawal     Marufat Oladosu     Gobirawa     Ayekale     CT Ayeni     Khadijat Ayoola Yusuf     Fatimoh Lawal     Mahmud Durosinlohun Atiku     GAMA     Mohammed Ibrahim     Ilorin Muslim Community     Yusuf Ibitokun Sherifat     Modibbo Kawu     Joseph Daudu     Tunde Akanbi     Toyin Abdullahi     Muhammadu Gobir     Anilelerin     Senior Staff Union Of Colleges Of Education     Abdul Jimoh Mohammed     Chartered Institute Of Personnel Management Of Nigeria     Local Government Pension Board     Kamoru Kadiri     Abubakar Olusola Saraki     Sa\'adu Salau     Centre For Digital Economy     Ejidongari     Special Adviser On Digital Innovation     John Olobayo     Ibrahim Oniye     Ahmad Belgore     Igosun     Unilorin FM     Moro     Musa Ayinla Yeketi     Ridhwanullah Al-Ilory     Muhammed Aliyu     Ibrahim Abikan     Bamidele Adegoke     Ganiyu Abolarin     Olatunde Jare     UTME     KW-GIS     Kwarareports     Okin Malt     TIC     Playing Host     Adamu Jemilat-Baki     Moremi High School     Ghali Muhammed     Mujtabah Bature     Yusuf Lawal     March 28     Ahmed Bayero     Ubandoma     Muhammed Akanbi     Minimum Wage     Ramadan     Oni Adebayo     Kubra Kazum     Sunday Fagbemi     Issa Memunat Moyosore     Omoniyi M. Ayinla