Justice Peter Lifu, of a Federal High Court in Abuja, on Tuesday, vacated an ex-parte order barring the Kwara State government from conducting Local Government election which was slated for September 21, in the state.
Justice Lifu, while delivering a ruling in the Suit held that the order which was issued July 29, has expired as it has exceeded the 14 days approved by law.
The Peoples Democratic Party had in a suit number marked: FHC/ABJ/CS/1061/2024, sued the Independent National Electoral Commission, Kwara State Independent Electoral Commission, Kwara AG, Inspector-General of Police and State Security Service as 1st to 5th defendants respectively.
PDP, in the suit filed through its team of lawyers led by Kehinde Ogunwumiju, SAN, claimed that all the conditions and precedents contained in Local Government Electoral Laws in Kwara were deliberately jettisoned by KWASIEC under unacceptable circumstances.
The political party said that KWSIEC had applied to INEC for the register of voters in Kwara to use the same in the conduct of the LG polls.
The party contended that the action was in breach and violation of the provisions of the 1999 Constitution, as amended, the Electoral Act, 2022, as well as Kwara State Local Government Electoral (Amendment) Law, 2024.
Justice Lifu based on PDP’s submission, issued an ex-parte motion to stop INEC from releasing the national voters’ register to KWSIEC for the Sept. 21 Local Government election in the state, pending the hearing and determination of the substantive suit.
At Tuesday’s proceeding, Justice Lifu agreed with the arguments of KWASIEC counsel, Johnson Usman, SAN, and the Kwara Attorney General, Senior Sulyman, SAN, that the ex-parte order has passed the approved 14 days.
Justice Lifu said, “It is on record that the same ex-parte order has been pending since July 29, 2024.
“Since it has lasted more than 6 weeks, it is hereby set aside.”
Meanwhile, in another ruling, Justice Lifu dismissed a contempt charge filed by the PDP to commit the Chairman of KWSIEC, Baba Okanla, to prison on allegations of violating the court’s order.
Justice Lifu dismissed the application on the ground that the contempt charge was not served on the contemnor being a criminal charge.
He held that from the record of the court, there was no evidence of personal service on the contemnor or any evidence of a substituted service order obtained from the court to serve Okanla through substituted means.
The presiding judge held that the charge ought to have been served directly on the KWSIEC chairman and not through any other party or person as required by law.
He said the failure of PDP’s lawyer, Ademola Abimbola, to serve the contempt charge on the KWASIEC chairman was a fundamental breach of Section 36 of the 1999 Constitution which denied the contemnor a fair hearing.
He held that, “I have carefully and painstakingly perused the arguments for and against the motion to commit the contemnor to prison.
“Proceeding of contempt affects citizen’s liberty and where liberty of person is at stake, due process of the 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”.
Abimbola had informed the court at a previous sitting that KWSIEC, through a letter dated Aug. 28 and addressed to the state’s PDP chairman, invited the party to a peace meeting despite an injunction restraining the party from taking any step pending the hearing and determination of the suit.
On this note, PDP initiated contempt proceedings against the state’s electoral commission chairman.
