Justice Peter Lifu of the Federal High Court in Abuja, on Tuesday, vacated a previous ex-parte order that temporarily halted the Kwara State Government from conducting its Local Government elections, scheduled for September 21, 2024.
The original order, issued on July 29, was in response to a suit filed by the Peoples Democratic Party, PDP, against the Independent National Electoral Commission, INEC, the Kwara State Independent Electoral Commission, KWASIEC, the Kwara Attorney General, the Inspector-General of Police, and the State Security Service, DSS.
The PDP argued that KWASIEC had bypassed key legal requirements in preparing for the local government elections.
The court had initially issued the ex-parte order based on the PDP’s claim that KWASIEC had unlawfully requested the national voters’ register from INEC to conduct the polls.
The PDP asserted that this move violated the provisions of the 1999 Constitution, the Electoral Act of 2022, and Kwara State’s Local Government Electoral (Amendment) Law of 2024.
However, Justice Lifu, in his ruling on Tuesday, agreed with the defendants’ counsel that the ex-parte order had expired, having exceeded the 14-day limit prescribed by law.
“It is on record that the same ex-parte order has been pending since July 29, 2024. Since it has lasted more than six weeks, it is hereby set aside,” Lifu ruled.
In a separate ruling, the judge also dismissed a contempt charge filed by the PDP, which sought to have KWASIEC Chairman, Baba Okanla, imprisoned for allegedly violating the court’s injunction.
Justice Lifu ruled that the PDP had failed to serve the contempt notice personally on Okanla, which is required by law for criminal charges.
“Proceeding of contempt affects citizens’ liberty, and where liberty of person is at stake, due process of the law must be carefully followed,” Lifu revealed.
He added that the PDP’s failure to serve Okanla personally breached Section 36 of the 1999 Constitution, which guarantees a person’s right to fair hearing. Consequently, the judge dismissed the contempt motion.
The PDP had initiated the contempt proceedings after KWSIEC invited the party to a peace meeting on August 28, despite the ongoing injunction against conducting any electoral activities.
Meanwhile, the Kano State Independent Electoral Commission, KANSIEC, has made it mandatory for all candidates contesting the upcoming local government elections to undergo psychiatric evaluations.
