The Federal High Court sitting in Abuja, on Tuesday, dismissed a contempt motion by the Peoples Democratic Party (PDP) against the chairman, Kwara State Independent Electoral Commission (KWAISEC), Okanlawon Baba.
Justice Peter Lifu also vacated an ex-parte order barring the Independent National Electoral Commission (INEC) from releasing the national voter register to KWSIEC for the September 21 local government election in the state, pending the hearing and determination of the substantive suit.
The PDP, in a suit number FHC/ABJ/CS/1061/2024 filed through its team of lawyers led by Senior Advocate of Nigeria (SAN), Kehinde Ogunwumiju, told the court that KWASIEC was in grievous breach and violation of Sections 9, 28, 29 and 106 of the Electoral Act 2022 and Sections 20 (1) and 21 (1) of the Kwara State Local Government Electoral (Amendment) Law, 2024.
The party claimed that the electoral laws regarding the Kwara LG elections were deliberately made unfair and unacceptable circumstances.
It alleged that KWSIEC had applied to INEC for the register of voters in Kwara to use the same in the conduct of the LG polls, which they alleged 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.
The suit had INEC, KWASIEC, Kwara Attorney General (AG), Inspector-General of Police, and State Security Service marked as 1st to 5th defendants, respectively.
The party also accused the KWSIEC of disobedience to the interim court order made on July 29 restraining parties from taking any step pending the hearing and determination of the suit.
Counsel for the party, Ademola Abimbola, alleged that KWSIEC, through a letter dated August 28 and addressed to the state’s PDP chairman, invited the party to a peace meeting despite the injunction.
However, KWSIEC’s lawyer, Johnson Usman, a Senior Advocate of Nigeria (SAN), and Kwara AG, Senior Sulyman, SAN, disagreed with Mr Abimbola, urging the court to dismiss the PDP’s lawyer application for contempt against the state’s electoral body.
Delivering the ruling, Justice Lifu held that the PDP failed to serve the KWAISEC chairman with the interim court order made on July 29 as required by law.
The judge said that the failure of PDP to serve him the contempt charge in line with the provisions of the law violates section 36 of the 1999 Constitution by denying the contemnor fair hearing.
The judge said, “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,”
Justice Lifu also vacated the July 29 order on the ground that it has expired by the provisions of the law having lasted for more than 14 days.
After dismissing both motions, Justice Lifu having been a vacation judge said he would return the case file to the Chief Judge of the Federal High Court, for reassignment to another judge.