Abuja, September 17, 2024 – The Federal High Court in Abuja has lifted a restraining order that had prevented the Kwara State government from proceeding with local government elections scheduled for September 21. The court’s decision came on Tuesday following a ruling by Justice Peter Lifu.
Justice Lifu vacated the interim order, citing that it had exceeded its lawful duration. According to the judge, such ex-parte orders are only valid for up to 14 days, and this particular order, which had been in place since July 29, 2024, had far surpassed that timeframe.
“The ex-parte order has been in place for over six weeks, which is beyond the 14-day limit stipulated by law,” Justice Lifu stated in his ruling. He emphasized that the order had effectively expired and, therefore, needed to be set aside.
In a separate ruling, Justice Lifu also dismissed a contempt charge brought by the Peoples Democratic Party (PDP) against the Chairman of the Kwara State Independent Electoral Commission (KWSIEC), Alhaji Baba Okanla. The PDP had sought to have Okanla imprisoned, alleging that he violated a valid court order.
The court found that the contempt charge was improperly served. Justice Lifu noted that as a criminal charge, it required personal service to Okanla, rather than through another party. The PDP’s lawyer, Ademola Abimbola, had failed to serve the charge personally, which Justice Lifu ruled constituted a breach of Section 36 of the 1999 Constitution, denying Okanla a fair hearing.
“There is no evidence that the contempt charge was served personally on the chairman, nor was there an order for substituted service,” Justice Lifu explained. “The failure to follow due process in serving the charge renders the motion for committal to prison invalid and it is hereby dismissed.”
The PDP had initially sought an injunction to prevent the Independent National Electoral Commission (INEC) from releasing the national voter register to KWSIEC for the upcoming local elections. The PDP claimed that KWSIEC was in violation of several electoral laws and procedures.
However, the court's recent rulings have cleared the way for the local government elections to proceed as planned, reaffirming the importance of adherence to legal procedures in electoral matters.
Comments powered by CComment