A Federal High Court in Abuja has vacated an ex-parte order which restrained the Independent National Electoral Commission, (INEC) from releasing the National Voter Register to the Kwara State Independent Electoral Commission (KWSIEC) for the purpose of conducting local government election in the state.
The restraining order issued on July 29 against INEC and others was lifted by Justice Peter Lifu on the ground that it has expired by the provisions of the law having lasted for more than 14 days.
In a ruling on Tuesday on the request by Kwara SIEC for lifting of the order, Justice Lifu agreed with J. J Usman, a Senior Advocate of Nigeria (SAN) that the restraining order ought to be set aside in line with the provisions of the law.
Besides, Justice Lifu dismissed the request by the Peoples Democratic Party (PDP) to commit the Chairman of the Kwara State Independent Electoral Commission (KWSIEC) Okanlawon Baba to prison on allegations of violation of valid court order.
The judge dismissed the request on the ground that the contempt of court charge initiated against the electoral body chairman was not served on him personally as required by law.
Justice Lifu held that since contempt charge is quashing criminal charge, it ought to have been served personally on the Kwara SIEC chairman and not through any other party or person.
The judge said that the failure of PDP to serve the contempt charge on Baba in line with the provisions of the law was fatal to the request which the Judge said violated section 36 of the 1999 Constitution by denying the contemnor fair hearing.
He said that from the record of the court, there was no evidence of personal service on Baba while at the same time, there was no evidence of substituted service obtained from the court to serve the contemnor through substituted means.
“I have carefully and painstakingly perused the arguments for and against the motion to commit the contemnor to prison. Where liberty of person is at stake, due process of law must be carefully followed.
“In the instant case, the fundamental right of the 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.
Justice Lifu had on July 29 restrained INEC from releasing the National Voter Register to the Kwara State Independent Electoral Commission (KWSIEC) for the purpose of conducting the September 21 local government elections in Kwara State.
The court had also stopped KWSIEC and the State 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 tate.
Justice Lifu issued the orders while delivering a ruling in an ex-parte application brought before him by PDP and arged by a Senior Advocate of Nigeria, SAN, Kehinde Ogunwumiju.
Although Kwara SIEC was restrained from taking any step on the planned election, its chairman, Okanlawon Baba had in alleged violation of the order wrote two letters to political parties inviting them for peace a meeting and another for submission of names and photographs of their agents for the purpose of the election.
The two letters signed by the SIEC chairman were tendered by PDP as exhibits in court to establish violations of court order and to justify contempt of the court.
Having dismissed the two motions argued during vacation, the Judge ordered that the case file be returned to the Chief Judge of the Federal High Court, Justice John Tsoho for re-assignment to another Judge upon completion of the vacation.
Justice Lifu had also restrained the Inspector General of Police, IGP, and the State Security Service (SSS) from participating in or providing security protection for the conduct of local government elections in Kwara pending the hearing and determination of the motion on notice filed by PDP for interlocutory injunction.
The grouse of PDP tabled before Justice Lifu is that the Kwara State Electoral body is 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.
PDP claimed that all the conditions and precedents contained in Local Government Electoral Laws in Kwara State have been deliberately jettisoned and violated under unacceptable circumstances.
Among others, PDP claimed to be a duly registered political party in Nigeria, eligible to participate and field candidates to contest elections in Nigeria including the Kwara State Local Government Elections 2024 sought to be conducted by the defendants.
It alleged that 2nd defendant (KWSIEC) has applied to the 1st defendant (INEC) for the Register of Voter for Kwara State for use in the conduct of the Kwara State Local Government Council election, which the party said, is in breach and violation of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2022 and Kwara State Local Government Electoral (Amendment) Law, 2024.
The defendants in the suit are INEC, KWSIEC, Kwara Attorney General, IGP and SSS as 1st to 5th defendants respectively.
