Kwara LG Polls to Proceed as Court Lifts Restriction Order

The Federal High Court in Abuja, on Tuesday, overturned an interim order that had previously barred the Kwara State government from conducting local government elections scheduled for September 21.

In his ruling, Justice Peter Lifu set aside the order, stating that it had exceeded the legal time limit, having been in effect for more than the 14-day period permitted by law.

Justice Lifu accepted the arguments made by Johnson Usman, SAN, counsel to the Kwara State Independent Electoral Commission (KWSIEC), and Kwara’s Attorney-General, Senior Sulyman, SAN. He pointed out that the ex-parte order had been in place since July 29, 2024, far beyond the allowable time frame.

“The law does not permit an ex-parte order to extend beyond 14 days,” the judge remarked. “As this one has lasted over six weeks, it is now nullified.”

In a separate ruling, the court also dismissed a contempt of court charge filed by the Peoples Democratic Party (PDP) against the Chairman of KWSIEC, Baba Okanla. The PDP had sought to jail Mr. Okanla, accusing him of defying a valid court order, but Justice Lifu ruled that the contempt charge was flawed due to improper service.

The judge explained that since contempt charges are considered criminal offenses, they must be personally served on the accused party. He noted that the PDP’s lawyer, Ademola Abimbola, had failed to serve the charge directly to Mr. Okanla, which was a breach of Section 36 of the 1999 Constitution, thereby denying the chairman his right to a fair hearing.

“The lack of personal service or any valid substituted service makes the application for committal to prison unsustainable and it is hereby dismissed,” Justice Lifu ruled.

The News Agency of Nigeria (NAN) recalls that on July 29, the court had granted the PDP’s request to prevent the Independent National Electoral Commission (INEC) from releasing the national voter register to KWSIEC for the local government elections. This injunction was put in place pending the resolution of the PDP’s suit challenging the election process.

In the case, marked FHC/ABJ/CS/1061/2024, the PDP accused KWSIEC of violating several electoral laws, including sections of the 2022 Electoral Act and the 2024 Kwara State Local Government Electoral (Amendment) Law. The party argued that the electoral body had failed to comply with necessary legal conditions and had requested voter registration data from INEC without following due process.

The PDP also claimed that despite an injunction, KWSIEC had invited the party to a peace meeting, prompting the contempt proceedings. However, the failure to properly serve the contempt charge led to the court dismissing the case against Mr. Okanla.