A Federal High Court sitting 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 council elections in the state.
It 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 poll.
Justice Peter Lifu issued the restraining order yesterday in Abuja while delivering a ruling in an ex-parte application brought before him by the Peoples Democratic Party (PDP).
The request was filed by Kehinde Ogunwumiju (SAN).
In the ruling, Justice Lifu restrained the Inspector General of Police (IGP) and Department of State Services (DSS) from participating in or providing security protection for the Kwara council elections pending the hearing and determination of the motion on notice for interlocutory injunction.
The grouse of the PDP is that the state electoral body “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 Kwara State Local Government Electoral (Amendment) Law, 2024.”
The plaintiff claimed that all the conditions and precedents contained in Local Government Electoral Laws of Kwara State have been “deliberately jettisoned and violated under unacceptable circumstances.”
Among others, PDP argued that as a duly registered political party in Nigeria, it is eligible to participate and field candidates to contest elections in the country, including the Kwara council poll sought to be conducted by the defendants. The defendants in the suit are INEC, KWSIEC, Kwara Attorney General, IGP and DSS as 1st to 5th defendants.
The Judge directed them to maintain the status quo ante bellum and not to do any act or take any further step in furtherance of the conduct of the elections 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 Kwara State Local Government Electoral (Amendment) Law, 2024, pending the hearing and determination of the plaintiff’s Motion on Notice for Interlocutory Injunction.
However, Justice Lifu ordered PDP to enter into a fresh undertaking to indemnify the five defendants at a cost that would be assessed by the court in case its application turns out to be frivolous, and ought not to have been granted by the court.