A Federal High Court in Abuja has vacated 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 (KWSIEC) for the purpose of conducting local government election in the state.
The order issued on July 29 was lifted by Justice Peter Lifu on the ground that it has expired by the provisions of the law having lasted for more than 14 days.
In a ruling on Monday on the request by Kwara SIEC for lifting of the order, Justice Lifu agreed with J. J Usman, a Senior Advocate of Nigeria (SAN) that the order ought to be set aside in line with the provisions of the law.
Besides, Justice Lifu dismissed the request by the Peoples Democratic Party (PDP) to commit the Chairman of the Kwara State Independent Electoral Commission (KWSIEC) Okanlawon Baba to prison on allegations of violation of valid court order.
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 quash criminal charge, it ought to have been served personally on the Kwara SIEC chairman and not through any other party or person.
The judge said that the failure of PDP to serve the contempt charge on Baba in line with the provisions of the law was fatal to the request which the Judge said violated section 36 of the 1999 Constitution by denying the contemnor fair hearing.
He said that from the record of the court, there was no evidence of personal service on Baba while at the same time, there was no evidence of substituted service obtained from the court to serve the contemnor through substituted means.
“I have carefully and painstakingly perused the arguments for and against the motion to commit the contemnor to prison. Where liberty of person is at stake, due of process of 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,” the Judge said.
