PDP vs. KWSIEC: Court Upholds Restraining Order on INEC, Reserves Contempt Ruling Against Kwara Electoral Body

By Omowumi Omotosho

The Federal High Court in Abuja has once again upheld its order restraining the Independent National Electoral Commission (INEC) from releasing voter registers and other election materials to the Kwara State Independent Electoral Commission (KWSIEC).

This decision, crucial to the ongoing legal dispute between the Peoples Democratic Party (PDP) and KWSIEC, further delays preparations for the upcoming local government elections in Kwara State, scheduled for September 21, 2024.

National Pilot recalls that a month ago, the court, led by Justice Peter Lifu, also reserved its ruling on contempt charges against KWSIEC, scheduling the next hearing for September 17, 2024. The contempt charges stem from allegations that KWSIEC violated the court’s previous order by continuing preparations for the elections.

This ruling was made after the PDP informed the court that they had only recently received all relevant documents from the defendants. Citing the need for more time to properly prepare their case, the PDP requested a postponement, which the court granted. The hearing was rescheduled to August 27, 2024, with the existing restraining order remaining in full effect.

The legal battle began over a month ago when Justice Lifu issued an injunction preventing INEC from distributing the National Voter’s Register to any state for use in local government elections. This order specifically blocked the release of the voter register to KWSIEC, citing ongoing legal challenges that must be resolved before the elections can proceed.

The PDP, represented by Senior Advocate of Nigeria (SAN) Mr. Kehinde Ogunwumiju, has expressed serious concerns about the legality of using the national voter register for the upcoming local elections. They argue that the use of the register by KWSIEC violates several sections of the Electoral Act 2022, as well as provisions of the Kwara State Local Government Electoral (Amendment) Law, 2024. The party claims that essential legal requirements for conducting local government elections have been overlooked or deliberately ignored by the Kwara State electoral body.

In response to the PDP’s ex parte application, the court not only barred KWSIEC and the Kwara State Attorney General from accepting or using the voter register or any related materials from INEC but also instructed the Inspector General of Police (IG) and the State Security Service (SSS) to refrain from providing security or participating in the upcoming local government elections until the court hears the PDP’s motion for an interlocutory injunction.

The PDP, asserting its status as a recognized political party in Nigeria, argues that it has a right to participate in the Kwara State Local Government Elections 2024. The outcome of this legal dispute will have significant implications for the conduct of these elections, with the court’s final decision expected to play a pivotal role in determining whether the elections will proceed as planned.