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 Pension Board     Logun     Code Of Conduct Bureau     KFA     Ola Falade     Alanamu     Wasiu Odewale     Saka Saadu     Ibrahim Akaje     Bluenile Associates     Mohammed Katsina Ahmed     Special Adviser On Digital Innovation     Sulyman Atolagbe Alege     ITEM 7     Ubandawaki     Saliu Shola Taofeek     Oluwarotimi Boluwatife Adenike     Allocation     Basit Olatunji     Ahmed Ayinla Jimoh     Kubra Kazum     Trader Moni     Bola Olukoju     Abdulhakeem Amao     Abdulkadir Akanbi-Oke     Egbewole     Kwara United     Kwara State Football Association     Shehu Raheem Adaramaja     KWASAA     Sunday Popo-Ola     Bolakale Saka     Yoonus Kola Olatinwo     Kunbi Titiloye     Alore     Oke-Ode     Tunde Idiagbon Road     Democracy Day     Saba Jibril     Fatai Adeniyi Garba     Pakata Patriots     Police Commissioner     Rabiu Kwankwaso     Arandun     Yeketi     IHS     Arinola Fatimoh Lawal     Umar Yakubu Jaja     Vasolar Consultoria     Adeola Abraham     Titus Ashaolu     Federal College Of Education (Special), Afon     NSCIA     Local Government Pension Board     Rice Farmers Association Of Nigeria     Jaiz Bank     Ilorin South     Gafaru Olayiwola Olorisade     Magaji Are     Adolescent Girls Initiative For Learning And Empowerment     Woro     Hakeem Idris     Ahmad Uthman     Shehu Jimoh     IDPU     Yunus Lawal     Lithium     Okin Biscuit     NNPP     Ladi Hassan     Sa\'adu Salau     Mufutau Olatinwo     Yusuf Abubakar     Jaigbade Alao     Facebook     Javed Khan     Reuben Paraje    

Cloud Tag: What's trending

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

Idris Garuba     Yahaya Abdulkareem     Abdulrazaq Magaji     Agboola Abdulraheem     Sabi     Ayo Salami     Alao Ayotunde     Oke Sunna     Fulani     SSUCOEN     Ahmed Alhasssan     Oluwole Dupe     Oke-Kura     Moshood Mustapha     Timothy Akangbe     Alabe     Abubakar Bature Sulu-Gambari     Rebecca Olanrewaju     Moji Makanjuola     Oloye     Shero     Akorede     M.Y. Abdulrahaman     Saliu Mustapha     Sa\'adatu Modibbo-Kawu     Offa     Abubakar Usman Jos     Ike Ekweremadu     Makama Of Ilorin     Eleyele     School Of Nursing     Doyin Group     Ethical College     Mohammed Tunde-Jimoh     Tinubu     Federal Polytechnic Offa     Gbajabiamila     Offa Grammer School     Kayode Issa     Valsolar Consortium     Tunji Moronfoye     YAKOOYO     Apaokagi     Abdulrosheed Okiki     Mustapha AbdulGaniyu     Kwara State Football Association     Suraj Tunji Oyewale     Ibrahim Abdulqadir Abikan     Dan Masanin     Sabi     State Bureau Of Internal Revenue     KWSUED     Ariyo     Musbau A. Akanji     Gobirawa     QuickWin     Federal Road Maintenance Agency     Pius Abioje     ASMAU PLAZA     Abdulganiyu AbdulAzeez     Yusuf Zulu-Gambari     Aso-ofi     Al-Hikmah University     International Aviation College     Firdaos Amasa     Law School Scholarship     Yeketi     ASUU     Ado Bayero     Inside Kwara     Yunus Lawal     Michael Nzwekwe     Suleiman Idris     Bayo Onimago     Ilesha Gwanara Road     College Of Arabic And Islamic Legal Studies     Bello Oyedepo