The Federal High Court in Abuja has rescheduled judgment in a suit filed by the Peoples Democratic Party challenging the conduct of the 2024 local government elections in Kwara State.
Justice Peter Lifu announced on Wednesday that the judgment, earlier scheduled to be delivered, would no longer proceed, adding that a fresh date would be communicated to all parties.
The suit was instituted against the Independent National Electoral Commission (INEC), the Kwara State Independent Electoral Commission (KWSIEC), the Kwara State Attorney-General, the Inspector-General of Police and the Department of State Services (DSS).
The case stems from the September 21, 2024 local government elections in Kwara State, which the PDP argued were conducted in violation of the Constitution, the Electoral Act 2022 and the Kwara State Local Government Electoral (Amendment) Law, 2024.
In an earlier ruling delivered on September 17, 2024, Justice Lifu vacated an interim order that had restrained the Kwara State Government from conducting the polls.
The judge held that the ex parte order, granted on July 29, 2024, had lapsed after exceeding the 14-day lifespan prescribed by law.
He agreed with submissions by counsel to KWSIEC, Johnson Usman (SAN), and the Kwara State Attorney-General, Senior Sulyman (SAN), that the interim order could no longer remain in force.
Justice Lifu also dismissed a contempt application filed by the PDP seeking the committal of KWSIEC Chairman, Baba Okanla, to prison for alleged disobedience of a court order.
The court ruled that the contempt proceedings were incompetent because the application was not personally served on Okanla as required by law.
According to the judge, contempt proceedings are criminal in nature and must be personally served on the alleged contemnor to satisfy the constitutional requirement of fair hearing under Section 36 of the 1999 Constitution.
The court held that the failure of the PDP’s counsel, Ademola Abimbola, to personally serve the KWSIEC chairman was a fundamental defect that rendered the application unsustainable.
The PDP had approached the court in suit No. FHC/ABJ/CS/1061/2024, seeking to stop INEC from releasing the national voters’ register to KWSIEC for the conduct of the local government elections.
The party, through its legal team led by Kehinde Ogunwumiju (SAN), alleged that KWSIEC failed to comply with the provisions of the Electoral Act 2022 and the Kwara State Local Government Electoral (Amendment) Law, 2024, before scheduling the elections.
It also argued that KWSIEC’s request for the state’s voters’ register from INEC violated relevant constitutional and statutory provisions governing local government elections.
Justice Lifu said parties would be informed of a new date for the delivery of judgment.
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