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.

Akanbi-Oke     Senate President     Abdullahi Dasilva Yussuf     Olatunji Abdulmumeen     Ademola Kiyesola     Sobi Hill     Ganmo Electricity Sub-Station     Bolaji Gambari     Niyi Osundare     Isiaka Danmeromu     Geri-Alimi Split Diamond Interchange     Shehu Raheem Adaramaja     Adamu Jemilat-Baki     2023 Elections     Ayobami Seriki     Katibi Ibraheem Adeola     Mujtabah Bature     Sa\'adu Gambari     Ganiyu Taofiq     Lawal Olohungbebe     Umar Ayinla Saro     Olugbense     Segun Abifarin     Abdulkadri Ahmad Alaiye     Zara Umar     KWAFFA     Saka Asiat Ayinke     Binta Abubakar-Mora     Memunat Monsuma     Abiodun Jacob Ajiboye     Adesoye College     Offa Metropolitan Club     Shuaib Olarongbe     Sa\'adatu Modibbo-Kawu     Yusuf Zulu-Gambari     Islamic Development Bank     Abdullahi G. Mohammad     Asiwaju Bola Tinubu     Olokoba Sulyman     Government High School (GHS), Adeta     NURTW     Council Of The Wise     New Nigeria People’s Party     National Information Technology Development Agency     Isiaka Abdulrazak     Kwara Metro Park     Adebayo Salami     Issa Memunat Moyosore     Tayo Alao     Abdulrazaq Magaji     Abubakar Suleiman     Olayinka Jelili Yusuf     Gbugbu     Opobiyi     Kwara Polytechnic     Markaz Arabic And Islamic Training Institute, Agege     MATTA Girls Foundation     Bio Ibrahim     Abubakar Atiku     Eghe Igbinehi     Aminat Omodara     Okiki     Afolasade Opeyemi Kemi     Timothy Akangbe     Abdullahi AbdulMajeed     Emir Of Ilorin     Isa Aremu     CUTI     Haleeman Salman     Oyin-Zubair     Minister     Garba Idris Ajia     Arinola Fatimoh Lawal     Sabi     Adeleke Ogungbe     Kaosarah Adeyi     Allocation    

Cloud Tag: What's trending

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

Ayodele Olaosebikan     Abdulraufu Mustapha     Najim Yaasin     Ayeyemi Sulaiman     Ayegbeni     Omoniyi M. Ayinla     Gbemisola Saraki     Abdulrasheed Lafia     Aminat Ahmed     UNIFEMGA     Abdulkadir Bolakale Sakariyah     Jawondo     Sheriff Shagaya     Saba Jibril     First Lady     Sadiq Umar     Olawuyi     Balikis Jawondo     Yunus Lawal     Wahab Kunle Shittu     Abdulrahman Abdulrasak     Akeem Lawal     Ilorin East     Muslimah Entrepreneurship Forum     Toyin Sanusi     Turaki Of Ilorin     Deji Ajani     Omotosho     Ronke Adeyemi     Osinbajo     Ilorin Talaka Parapo     Musa Yeketi     Oro Grammar School     Abdulwaheed Musa     Bashir Adigun     Aso-ofi     Eghe Igbinehin     TESCOM     Olatunde Oyeyiola     Adam Abdullahi Al-Ilory     Ilorin.Info     Adebayo Mohammed Kamaldeen     Abubakar B.M     Abdulrahman Abdulrazaq     Saduki Lafiagi     Post Utme     Zaratu Umar     Mahee Abdulkadir     Ezekiel Yissa Benjamin     Hassan A. Saliu     Yusuf Lanre Badmas     Idofin     Alore     Chief Imam Of Ilorin     Ileloke     Ayobami Seriki     Ifelodun     Kola Bukoye     Samuel Adedoyin     Sam Okaula     Yoonus Lawal     Fatimoh Lawal     Adegoke Bamidele     Sheikh Ariyibi     Mohammed Halidu     Sheikh Hamzat Yusuf Ariyibi     Abdulrazak Shehu Akorede     Bashiru Makama     Bola Tinubu     Twitter     COVID     Ekweremadu     Tsado Manman     Igosun     MalHub     Mohammed Lawal Bagega     Lanre Badmus