Court dismisses PDP’s contempt bid against KWSIEC chairman

From Godwin Tsa, Abuja

The Federal High Court in Abuja has dismissed the Peoples Democratic Party’s (PDP) application seeking to commit the Chairman of the Kwara State Independent Electoral Commission (KWSIEC), Baba Okanla, to prison for contempt of court.

Justice Peter Lifu struck out the application on technical grounds, holding that the contempt charge was not personally served on Okanla as required by law.

The judge ruled that since contempt proceedings are criminal in nature, the charge ought to have been served directly on Okanla.

He held that the failure of PDP’s counsel, Ademola Abimbola, to do so breached Okanla’s right to fair hearing under Section 36 of the 1999 Constitution.

In a separate ruling delivered the same day, Justice Lifu adjourned judgment indefinitely in the substantive suit challenging the September 21, 2024, Kwara State local government elections, stating that a new date would be communicated to the parties.

The contempt application arose from an ex-parte order granted by the court on July 29, 2024, restraining the Independent National Electoral Commission (INEC) from releasing the national voters’ register to KWSIEC ahead of the polls.

That order was later vacated by the same court on September 17, 2024, after Justice Lifu held that it had lapsed, having exceeded the statutory 14-day lifespan.

The argument was advanced by Johnson Usman, SAN, for KWSIEC, and the Kwara State Attorney-General, Ibrahim Sulyman, SAN.

In the substantive suit, No. FHC/ABJ/CS/1061/2024, PDP, led by Kehinde Ogunwumiju, SAN, is seeking to nullify the election, alleging that KWSIEC violated provisions of the Electoral Act 2022 and the Kwara State Local Government Electoral (Amendment) Law, 2024, by conducting the election after obtaining the voters’ register from INEC.

INEC, KWSIEC, the Kwara State Attorney-General, the Inspector-General of Police and the Department of State Services are listed as defendants.