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.

Ogbondoroko     Victor Gbenga Yusuf     NNPP     Orisa Bridge     Adam Abdullahi Al-Ilory     Ilorin Water Reticulation     Special Agro-Industrial Hub     Akeem Lawal     AbdulHamid Adi     Read With Me     Yusuf Olaolu Ali     Smart School     Oladipo Akanmu Tolani     Jare Olatundun     Veterinary Teaching Hospital     Aremu Odolaye     Tricycle Owners Association Of Nigeria     Federal Road Maintenance Agency     Yusuf Badmus     Abdulkadir Bolakale Sakariyah     Kolawole Bashirat     Dumagi     Congress For National Consensus     Oro Grammar School Old Students Association     Muhammad Ghali Alaaya     Lola Olabayo     David Oyedepo     Abdulmumin Yinka Ajia     General Hospital, Ilorin     Kale Ayo     Ubandawaki     Ahmad Ali     Durbar Festival     Abdullahi Saadudeen Alikinla     LEAH Charity Foundation     Zaratu Umar     Aliyu Muhammed     Tunde Yusuf     Bayo Onimago     Ayedun     Yakubu Dogara     Alfa Modibo Belgore     Hajj     Femi Oladiji     FOMWAN     Rueben Parejo     Eleja Taiwo Banu     Abiodun Abdulkareem     Edret Sabi Abel     Volunteers Of Ilorin Community And The Emirate     Adisa Logun     Summit University     Sunday Fagbemi     Umar Ahmed Gunu     Aasiyat Bello Oyedepo     Sanitation Exercise     Babatunde Ishola Babaita     Issa Oloruntogun     Federal College Of Education (Special), Afon     Elerin Of Adanla Irese     Ayinde Oki     Ladi Hassan     Adamu Atta     Aminat Omodara     Abdulwahab Oba     Chartered Institute Of Personnel Management Of Nigeria     Bayo Mohammed Onimode     Oke-Ogun     Kwara 2015     Agbarere     Chief Imam Of Offa     Lucky Omoluwa     HAMFAT Clinic And Maternity     Sulaiman Gado     Convocation Ceremonies     Olohungbebe     Kehinde Baale    

Cloud Tag: What's trending

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

Galland Marcias     Abdulkadri Ahmad Alaiye     Binta Abubakar-Mora     Hijaab     Kwara     Oba Mogaji Abdulkadir     Siddiq Adebayo Idowu Salawu     Laolu Saraki     Oniye     Abatemi-Usman     Taofik Abdulkareem     BECE     KWSIEC     Okin Biscuit     Senate     Onilorin Of Ilorin     Odolaye Aremu     Kulende-UITH     Bisi Kristien     Salami Adekunle     GANZY     Ifelodun     Kwara 2023     Abdulganiyu Oladosu     Obayomi Azeez     Olatunde Oyeyiola     Kazeem Oladepo     Coalition Of Kwara North Groups     Shoprite     Code Of Conduct Bureau     Micheal Imoudu     Saliu Shola Taofeek     Ambassador Kayode Laro     Usman Alkali Baba     Abdulwahab Ololele     Michael Nzwekwe     Oyedun Juliana Funke     Kayode Ogunlowo     ASMAU PLAZA     Okasanmi Ajayi     Rotimi Samuel Olujide     Yahaya Seriki Gambari     Mopelola Abdulmaliq-Bashir     Olabode Towoju     Ajikobi     Sarkin Malamai     Salau Kabiru Abdullahi     Ojuekun Sarumi     LAK Jimoh     Oloje     Kwara State Football Association     High Court     Barakat Community Secondary School     Olanrewju Okanlawon Musa     Rotimi Oyedepo     Oko Erin     Isiaka Abdulrazak     Dar-Al-Handasah Consultants Ltd     Elekoyangan     Ilorin Airport     Salmon Babatunde Salmon     Rabiu Kwankwaso     AIT Ilorin     Saka Keji     Kwara State Infrastructure Development Fund     Abdulrasaq Alaro     Aisha Ahman Pategi     Gwanara     Sayomi     Fareedah Dankaka     Shururat Olatinwo     Aliyu Muhammad Saifudeen     Alabi Lawal     Oko     Ramat Oganija     Monthly Sanitation     Rueben Parejo