A Federal High Court in Abuja has issued a restraining order preventing the Independent National Electoral Commission (INEC) from providing the National Voter Register to the Kwara State Independent Electoral Commission (KWSIEC) for the upcoming local government elections scheduled for September 21 in Kwara State.
The court’s decision also prohibits KWSIEC and the State Attorney General from receiving, accepting, or utilizing the national voter register or any part of it related to Kwara State for the council’s election. This ruling was delivered by Justice Peter Lifu on Monday in Abuja, following an ex-parte application filed by the People’s Democratic Party (PDP).
The application was presented by a Senior Advocate of Nigeria (SAN), Kehinde Ogunwumiju. In his ruling, Justice Lifu also restrained the Inspector General of Police (IGP) and the State Security Service (SSS) from participating in or providing security for the local government elections in Kwara until the hearing and determination of the motion on notice filed by PDP for an interlocutory injunction.
The PDP’s complaint, presented to Justice Lifu, was that the Kwara State Electoral body had violated several sections of the Electoral Act 2022, as well as the Kwara State Local Government Electoral (Amendment) Law, 2024. Specifically, they pointed to sections 9, 28, 29, and 106 of the Electoral Act 2022, and sections 20 (1) and 21 (1) of the Kwara State Local Government Electoral (Amendment) Law, 2024.
PDP argued that the Kwara State Electoral Laws’ conditions and precedents had been deliberately ignored and violated under unacceptable circumstances. The PDP, as a registered political party in Nigeria eligible to participate and field candidates in elections, claimed that KWSIEC had unlawfully requested the voter register from INEC for the local government council elections.
They alleged that this request violated the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2022, and the Kwara State Local Government Electoral (Amendment) Law, 2024. Despite these alleged violations, PDP claimed that INEC was prepared to release the register to KWSIEC.
PDP asserted that the ex-parte application was brought in the interest of justice to maintain the status quo until the motion on notice for an interlocutory injunction could be heard and determined. They argued that granting this application would serve the interest of justice.
Justice Lifu, after reviewing the evidence presented by PDP, ordered all defendants to maintain the status quo until the motion on notice for the interlocutory injunction was resolved. The defendants in the case include INEC, KWSIEC, the Kwara Attorney General, the IGP, and the SSS, listed as the 1st to 5th defendants, respectively.
The Judge directed these defendants to refrain from taking any actions or steps that would further the conduct of the local government elections in Kwara State in ways that contravene 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.
In addition, Justice Lifu mandated that the PDP provide a new undertaking to indemnify the five defendants for costs assessed by the court if the application was found to be frivolous or unjustified. This condition ensures that the PDP will cover any costs incurred by the defendants if the court later determines that the restraining order should not have been granted.
The court’s decision highlights the ongoing legal battles and controversies surrounding electoral processes in Nigeria. The PDP’s move to prevent the release of the voter register and halt the local government elections in Kwara State underscores the party’s concerns about adherence to electoral laws and the integrity of the election process.
The case has significant implications for the scheduled local government elections in Kwara State. If the restraining order remains in place, it could delay the elections and require further legal scrutiny of the electoral process in the state. This situation demonstrates the complexities and challenges of ensuring free, fair, and lawful elections in Nigeria.
As the legal proceedings continue, all eyes will be on the Federal High Court in Abuja to see how it handles the PDP’s motion on notice for an interlocutory injunction. The outcome of this case will not only impact the local government elections in Kwara State but could also set precedents for future electoral disputes in the country.
The PDP’s efforts to uphold electoral laws and challenge perceived violations are part of a broader struggle for electoral integrity in Nigeria. Ensuring that elections are conducted in compliance with legal frameworks is crucial for maintaining public trust in the democratic process. This case serves as a reminder of the importance of vigilance and legal oversight in protecting the rights of political parties and voters alike.
In conclusion, the Federal High Court’s restraining order against INEC and other defendants in the Kwara State local government elections is a significant legal development. It reflects the ongoing efforts of political parties like the PDP to ensure that electoral processes adhere to the law. The court’s decision to maintain the status quo until further legal review underscores the need for careful consideration of electoral disputes and the protection of democratic principles in Nigeria.
