The Abuja division of the Federal High Court has issued an 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, 2024, in Kwara State.
This legal action, taken by Justice Peter Lifu, is significant in the context of ongoing disputes over the electoral process in the state. In his ruling, Justice Lifu also forbade KWSIEC and the Kwara State Attorney General from receiving, accepting, or utilizing the national voter register or any related information from INEC concerning Kwara State for the local government elections.
This decision aims to ensure that the electoral process adheres to legal standards and prevents any potential misuse of voter information. The court’s decision followed an urgent motion filed by the Peoples Democratic Party (PDP).
The motion was presented by Kehinde Ogunwumiju (SAN) on behalf of the PDP. The party’s concerns were on alleged violations of several sections of the Electoral Act 2022 and the Kwara State Local Government Electoral (Amendment) Law 2024. The PDP claimed that these laws had been ignored or breached in the preparations for the local government elections.
The PDP’s complaint centered on the assertion that the Kwara State electoral body was in serious violation of specific sections of the Electoral Act 2022, including Sections 9, 28, 29, and 106. They also cited breaches of Sections 20 (1) and 21 (1) of the Kwara State Local Government Electoral (Amendment) Law 2024.
According to the PDP, the KWSIEC’s request for the voter register from INEC was illegal and in violation of 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.
The PDP alleged that INEC, despite these legal infractions, showed a willingness to release the voter register to KWSIEC, further breaching the Electoral Act 2022. The party argued that such actions were unjust and sought an injunction to prevent further misuse of the voter register until the issues could be fully examined.
In addition to blocking the release of the voter register, Justice Lifu also issued a restraining order against the Inspector General of Police (IGP) and the Department of State Services (DSS). These agencies were prohibited from participating in or providing security for the local government elections in Kwara State until the court reviewed the PDP’s motion for an injunction.
This step underscores the court’s intention to ensure that the electoral process remains lawful and free from any undue influence.
The ruling directs all parties involved, including INEC, KWSIEC, the Kwara State Attorney General, the IGP, and the DSS, to maintain the current situation without taking any further actions related to the elections that might violate the specified laws.
This order is intended to uphold the legal standards of the electoral process until the court can make a final determination on the PDP’s request. Justice Lifu also required the PDP to provide a new guarantee to cover any costs or damages that might arise if the court later found that their application was unwarranted. This precaution ensures that the defendants are protected from potential financial harm if the PDP’s claims are found to be baseless.
The court’s decision aims to preserve the integrity of the electoral process in Kwara State by halting actions that could undermine the legal framework governing elections. The case highlights the ongoing legal and administrative challenges facing the electoral system and underscores the importance of adhering to established laws and procedures in ensuring fair and transparent elections.
