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.

Kayode Ibrahim     Federal Allocation     Abdullahi Imam Abdullahi     Shettima     Farouk Salim     Segun Adeniyi     Ibikunle Ogunleye     Oladimeji Thompson     Joseph Offorjama     Shettima Of Ilorin     Hameed Oladipupo Ali     Musa Alhassan Buge     A.G.F Abdulrasaq     Adamu B. Yaqubu     Oloruntoyosi Thomas     Olabanji Orilonishe     Wahab Femi Agbaje     Bisi Oyeleke     Salman Jawondo     Bola Iyabo Ibiyeye Adisa     Bello Bature     Ibrahim Taiwo     Adam Abdullahi Al-Ilory     Ekweremadu     Muhammad Fawaz Abubakar     Mohammed Abduraheem     Afin Descendants Union Of Odo-Owa     Olugbense     Mary Arinde     Curfew     Abubakar Ndakene     Amosa     Monkey Pox     Aliyu Salihu     Moshood Kashimawo Abiola     Government High School Adeta     Bolaji Abdullahi     Young Progressives Party     KWSUED     Aliyu Muhammed     Adaramaja     COVID     Olusin Of Ijara Isin     Christopher Ayeni     Jaigbade Alao     Ajibola Ademola Julius     Madawaki     Obasanjo     Kwara-SAPZ Project     Park     Sa\'ad Alanamu     Lanre Badmas     Hakeem Idris     Mahmud Ajeigbe     Boko Haram     Federal Polytechnic Offa     Ilorin Emirate     Joseph Alex Offorjama     Galland Marcias     Ifelodun     Illyasu Abdullahi     Yaman     Wahab Isa     Asa     John Dara     Buhari     Sheikh Ridhwanullah El-ilory     Marufat Oladosu     Abubakar Kawu Baraje     Mike Omotosho     Kawu Baraje     Ajeigbe     Oluronke Adeyemi     Olupako Of Share     Olajumoke Monsura Gafar     NNPP     Saliu Oluwole    

Cloud Tag: What's trending

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

JSSCE     Segun Adeniyi     United Nigeria Congress Party     Volunteers Of Ilorin Community And The Emirate     Mujtabah Bature     Lanre Issa Onilu     Tunji Folami     Abdulmumini AbdulRazaq     Lanre Badmas     Ahmed     Kaosarah Adeyi     Bamidele Aluko     Tosin Saraki     Mamatu Abdullahi     Kola Adesina     Kubra Kazum     Aminu Adisa Logun     MalHub     Ahmad Belgore     Clara Nwachukwu     Gbemisola Oguntimehin     First Lady     Suleiman Idris     Amuda Bembe     Oko-Olowo     Oba Abdulraheem     Arca Santa     Aisha Abodunrin Ibrahim     Taofeeq Olateju     Radio SBS     Yusuf Lanre Badmas     Tunde Kazeem     Vishvas KOZ Tractors     Shehu Alimi Foundation     Yoonus Lawal     John Kehinde Salako     Ejidongari     Jumoke Gafar     Orisa Bridge     Reuben Paraje     Patigi Regatta     Adamu Attah     Isiaka AbdulRazaq     National Association Of Nigerian Students     Okiki     Gafaru Olayiwola Olorisade     Idofin     Abdulazeez Uthman     Marufat Oladosu     Nigeria Computer Society     Abdulwahab Ololele     Kpotum Mohammed Baba     Ilorin     Sunday Popo-Ola     Adamu B. Yaqubu     Shonga Farm Project     Charcoal     Toun Okewale-Sonaiya     Islamiya Abdulraheem     Code Of Conduct     Ibrahim Mashood     Budo Egba     NYSC     Rafiu Ajakaye     Kazeem Adekanye     Kuliyan Geri     Muhammed Danjuma     Gamji Members Association     Shehu Jimoh     Shehu Alimi Foundation For Peace And Development     Adebayo Salami     Adanla-Irese     Oya State     Kazeem Oladepo     Is\'haq Modibbo Kawu     KWASIEC     Saka Onimago