A Federal High Court in Abuja has set aside 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 for the purpose of conducting the September 21st local government elections in Kwara State.
The order issued on July 29 was vacated by Justice Peter Lifu on grounds that it has expired by the provisions of the law having lasted for more than 14 days.
Justice Peter Lifu had on 29th July 2024 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.
Justice Lifu issued the orders while delivering a ruling in an ex-parte application brought before him by PDP and argued 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 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.
The Judge dismissed the request on the ground that the contempt of court charge initiated against the electoral body chairman was not served on the contemnor as required by law.
Justice Lifu held that since contempt charge is criminal charge, it ought to have been served personally on the Kwara SIEC chairman and not through any other party or person.
In a ruling on the request by Kwara SIEC for lifting of the order, Justice Lifu agreed with Johnson Usman, a Senior Advocate of Nigeria (SAN) that the order ought to be set aside in line with the provisions of the law.
The grouse of the PDP brought before Justice Lifu was that the Kwara State Electoral body is was in contravention, breach and violation of Sections 9, 28, 29 and 106 of the Electoral Act 2022.
The 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.
