Court lifts restraining order on INEC, KWASIEC for Kwara LG Poll

A Federal High Court in Abuja has lifted an ex-parte order that previously restrained the Independent National Electoral Commission (INEC) from providing the national voters’ register to the Kwara State Independent Electoral Commission (KWASIEC) for conducting a local government election in Kwara State scheduled for September 21.

Justice Peter Lifu, who initially issued the order on July 29 at the request of the Peoples Democratic Party (PDP), vacated it on Tuesday following an application by KWASIEC. The judge agreed with KWASIEC’s lawyer, Johnson Usman (SAN), who argued that the order should be lifted after 14 days, in accordance with legal provisions for ex-parte orders.

The court also dismissed a contempt allegation made by the PDP against KWASIEC Chairman, Okanlawon Baba. The PDP had sought to have the chairman committed to prison for allegedly violating an existing court order. However, Justice Lifu ruled that the PDP’s motion for committal failed because the KWASIEC Chairman had not been served personally, as required by law.

Justice Lifu emphasized that in committal proceedings, which are quasi-criminal in nature, personal service on the alleged contemnor is mandatory. He ruled that the failure to serve Okanlawon Baba personally was a violation of his right to a fair hearing under Section 36 of the Nigerian Constitution. Consequently, the motion for committal was dismissed.

Earlier, on July 29, the court had issued an order restraining INEC from releasing the national voters’ register to KWASIEC for the local government elections. It also barred KWASIEC and the state’s Attorney General from using the voters’ register for the elections. The PDP had alleged that despite the court’s order, the KWASIEC Chairman had written to political parties, inviting them to a peace meeting and requesting names and photographs of their agents for the election.

After vacating the order, Justice Lifu stated he would return the case file to the court’s Chief Judge for reassignment since his court was only handling the matter as a vacation court.

In the ongoing substantive case, the PDP contends that KWASIEC breached several sections of the Electoral Act 2022 and Kwara State Local Government Electoral (Amendment) Law, 2024. The party alleges that KWASIEC applied to INEC for the voters’ register to use in the conduct of the local government polls, in violation of various legal provisions.