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.

Kwara State Internal Revenue Service     Igbaja     Raymond Olaitan     Kwara Central     Mohammed Tunde-Jimoh     Allocation     Mohammed Ibrahim     Saka Abimbola Isau     Usman Alkali Baba     Ayodele Shittu     Adesina Simon Sodiya     Yahaya Jibril Usman     Ahman Pategi University     Toyin Abdullahi     Okin High School     FOMWAN     Jeunkunu-Malete-Bani     Aliyu Alhassan     Plat Technologies     Public Holiday     Bursary     Oko-Erin     IF-K     Paul Odama     Kwara Primary Health Care Development Agency     Ayodele Kuburat Olaosebikan     Olayinka Oladapo Jogunola     Mohammed Haruna     AbdulRazaq Jiddah     Mohammed Abduraheem     Okala Baba     Abdulkadir Bolakale Sakariyah     Emmanuel Olatunji Adesoye     General Hospital, Offa     ITP     Madawaki     Balogun-Ojomu     Aasiyat Bello Oyedepo     Aremu Bose Deborah     Centre For Peace And Strategic Studies     Abdullahi Atanda     Ayobami Akanbi     Hassan Abdulazeez Elewu     Abikan     Oluranti Idowu     Oke-Oyi     Danladi     Kolawole Bashirat     Bello Taoheed Abubakar     Oniyangi Kunle Sulaiman     Kunle Akogun     National Broadcasting Commission     Abdulrazak Shehu Akorede     Iliasu     IQRA College     Abubakar Baba Sulaiman     Christopher Ayeni     Kola Shittu     Asiwaju Bola Tinubu     Moji Makanjuola     Forgo Battery Company Limited     Tunji Moronfoye     Nnazua     First Lady     Alloy Chukwuemeka     Dogara     Saidu Yaro Musa     ER-KANG     Mufutau Olatinwo     Old Oyo     Muazam Nayaya     Mohammed Halidu     Saraki     TESCOM 2025     Saliu Ajibola Ajia     David Oyerinola Adedunmoye     Kwara    

Cloud Tag: What's trending

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

Adaramaja     Dapo Teni Nig Enterprise     David Oyerinola Adedunmoye     Lotus Bank     S.O. Opowoye     Kassim Babamale     Aliyu Adebayo     Olawuyi     Erin-ile     IFK     Elerin Of Erin-Ile     Issa Memunat Moyosore     Siddiq Adebayo Idowu Salawu     Abdulrazaq Akorede     Talaka Parapo     Yaman     Oloriegbe     Alimi Abdulrazaq     Baakini     NIRSAL     Saka Balikis Kehinde     Elelu     Afolasade Opeyemi Kemi     Al-Adaby     TIIDELab     Saliu Shola Taofeek     Elewu     All Peoples Party     Sidikat Alaya     Shonga     Kwabes     Ballah     Saliu Ajia     Ibrahim Abiodun     Abdulwahab Oba     School Of Nursing     Vasolar     Abdulwahab Ololele     Abdulganiyu AbdulAzeez     Oluranti Idowu     Medview Airlines     National Pilot     Yusuf Zulu-Gambari     Ajeigbe     Okala Baba     Adegoke Bamidele     Road Transport Employers Association Of Nigeria     Musa Abdullahi     Suraj Tunji Oyewale     Saba Mamman Daniel     AGF Abdulrazaq     Yomi Adeboye     Baboko     Oju Ekun Sarumi     Aisha Gobir     Yusuf Ibitokun Sherifat     Salaudeen Oyewale     Bankole Omishore     Saad Omo Iya     Olushola Saraki     Ilorin Anchor Men And Women     Rafiu Olasile     Millennium Development Goals     Oke-Odo     Hamidu Olowo     Abubakar B.M     Abdullah Janet Amudat     Ijagbo     Abdulwaheed Musa     Femtech     Kolo     Nupe     ANCOPPS     Jelili Yusuf     Usman Alkali Baba     Funmilayo Oniwa     Yusuf Babatunde Abdulwahab