The Kwara Government and the Kwara State Independent Electoral Commission (KWSIEC) on Wednesday prayed a Federal High Court in Abuja to dismiss the Peoples Democratic Party (PDP)’s contempt motion.
They urged Justice Peter Lifu to reject the motion filed against the state’s electoral commission for being “incurably defective, fatally incompetent, and maliciously filed.”
The News Agency of Nigeria (NAN) reports that the PDP, through its counsel, Ademola Abimbola, had accused the KWSIEC of disobedience to the interim court order made on July 29.
Justice Lifu had granted the PDP’s ex-parte motion to stop the Independent National Electoral Commission (INEC) from releasing the national voters’ register to KWSIEC for the September 21 local government election in the state, pending the hearing and determination of the substantive suit.
NAN reports that the PDP, the plaintiff, had, in the suit number: FHC/ABJ/CS/1061/2024, sued INEC, KWASIEC, Kwara Attorney General (AG), Inspector-General (I-G) of Police and State Security Service (SSS) as 1st to 5th defendants respectively.
PDP, had through its team of lawyers led by Kehinde Ogunwumiju, SAN, told the court that KWASIEC was 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.
PDP claimed that all the conditions and precedents contained in Local Government Electoral Laws in Kwara were deliberately jettisoned by the state’s electoral body under unacceptable circumstances.
It alleged that KWSIEC had applied to INEC for the register of voters in Kwara to use the same in the conduct of the LG polls.
The party said the action was in breach and violation of the provisions of the 1999 Constitution, as amended, the Electoral Act, 2022, as well as Kwara State Local Government Electoral (Amendment) Law, 2024.
In the last adjourned date, Abimbola alleged that KWSIEC, though a letter dated Aug. 28 and addressed to the state’s PDP chairman, invited the party to a peace meeting despite an injunction restraining parties from taking any step pending the hearing and determination of the suit.
But KWSIEC’s lawyer, Johnson Usman, and Kwara AG, Senior Sulyman, SAN, disagreed with Abimbola, urging the court to dismiss PDP’s lawyer application for contempt against the state’s electoral body.
Justice Lifu then fixed today for hearing of all pending applications, including the alleged contempt.
At the resumed hearing on Wednesday, PDP’s lawyer, Abimbola, adopted his motion for contempt and asked the court to grant it.
Usman, who equally adopted his motion and preliminary objection, prayed the court to dismiss the application.
Usman argued that the service of contempt proceedings must follow due process, emphasising that there had been no personal or substituted service in this case, only service on counsel.
He stated that this did not fulfill the condition precedent.
He described the filing of the motion as “incurably defective, fatally incompetent, and maliciously filed.”
He also reiterated that the court lacked jurisdiction to hear the case as the proper legal conditions had not been met.
Usman maintained that the PDP had failed to follow due process, and that the contempt charge against his client stemmed from an order that the defendants had already moved to set aside.
Usman urged the court to reject the allegation of contempt against KWSIEC, arguing that merely having a pending case against the agency did not prevent it from fostering peace.
When the judge inquired whether the defendants had complied with an order to suspend any actions, Usman responded that he had advised his client to act within the bounds of the law.
Additionally, Usman argued that the court should set aside the order because the PDP’s application was submitted after the prescribed seven-day period.
He also claimed that the PDP had concealed facts to persuade the court to halt the Kwara election.
Sulyman, who was sued as 3rd defendant, aligned with Usman’s arguments.
Responding, Abimbola argued that until his committal application is heard and determined, the 2nd (KWSIEC) cannot be heard.
Justice Lifu, who held that the contempt application would be determined first before going into the substantive matter, adjourned matter until Sept. 17 for ruling.(NAN).
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