Court orders INEC not to release voter register for Kwara LG elections

A Federal High Court in Abuja has 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 the September 21 local government elections in Kwara State.

The court also stopped KWSIEC and the state Attorney General (AG) from receiving, accepting, or using the national voter register or any part relating to Kwara State from the electoral body for the Council’s election in Kwara State.

Justice Peter Lifu issued the restraining order on Monday in Abuja while delivering a ruling in an ex-parte application brought before him by the Peoples Democratic Party (PDP).

The ex-parte application was filed by a Senior Advocate of Nigeria (SAN), Kehinde Ogunwumiju.

In the ruling, Justice Lifu restrained the Inspector General of Police (IGP) and the State Security Service (SSS) from participating in or providing security protection for the conduct of local government elections in Kwara pending the hearing and determination of the motion on notice filed by PDP for an interlocutory injunction.

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The grouse of PDP tabled before Justice Lifu is that the KWSIEC is in grievous contravention, breach, and violation of Sections 9, 28, 29, and 106 of the Electoral Act 2022, Sections 20 (1), and 21 (1) of the Kwara State Local Government Electoral (Amendment) Law, 2024.

PDP claimed that all the conditions and precedents contained in Local Government Electoral Laws in Kwara State have been deliberately jettisoned and violated under unacceptable circumstances.

Among others, PDP claimed to be a duly registered political party in Nigeria, eligible to participate and field candidates to contest elections in Nigeria, including the Kwara State Local Government Elections 2024 sought to be conducted by the defendants.

It alleged that the 2nd defendant (KWSIEC) has applied to the 1st defendant (INEC) for the Register of Voters for Kwara State for use in the conduct of the Kwara State Local Government Council election, which the party said, is in breach and violation of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2022, and Kwara State Local Government Electoral (Amendment) Law, 2024.

Despite the gross violations of the electoral laws, PDP alleged that INEC has shown the desire to release the register to the KWSIEC in violation of the Electoral Act, 2022.

PDP also claimed that it brought the ex-parte application in the interest of justice for the maintenance of the status quo ante bellum pending the hearing and determination of the motion on notice for an interlocutory injunction and that granting the application will serve the interest of justice.

Justice Lifu, after scrutinising the irresistible exhibits tendered by PDP in support of the ex-parte application, ordered all the defendants in the suit to maintain the status quo ante bellum pending the hearing and determination of the Plaintiff’s Motion on Notice for an Interlocutory Injunction.

The defendants in the suit are INEC, KWSIEC, Kwara Attorney General, IGP, and SSS as the 1st to 5th defendants respectively.

The judge directed them to maintain the status quo ante bellum and not to do any act or take any further steps in furtherance of the conduct of the Local Government Elections in Kwara State that are in contravention, breach, or violation of Sections 9, 28, and 29 of the Electoral Act 2022 and Sections 20 (1) and 21 (1) of the Kwara State Local Government Electoral (Amendment) Law, 2024, pending the hearing and determination of the Plaintiff’s Motion on Notice for an Interlocutory Injunction.

However, Justice Lifu ordered PDP to enter into a fresh undertaking to indemnify the five defendants at a cost that will be assessed by the court in case its application turns out to be frivolous and ought not to have been granted by the court.