The Federal High Court in Abuja has set aside an interim order previously granted against the Kwara State Independent Electoral Commission (KWSIEC)’s planned September 21 local government election in the state.
Justice Peter Lifu delivered the ruling on September 17, 2024, following applications by KWSIEC and the Kwara State Government, which accused the People’s Democratic Party (PDP) of attempting to block federal allocations to the state’s Local Government Areas through an application seeking to halt the September 21 LG election.
Justice Lifu had granted the PDP’s ex-parte motion, temporarily barring the Independent National Electoral Commission (INEC) from releasing the national voters’ register to KWSIEC for the September 21 local government election, pending the determination of the PDP’s substantive suit which accuses the state of alleged electoral malpractice and contempt of court.
Why This Matters
Since the Supreme Court’s verdict on LG autonomy, state governments have faced pressure to hold LGA elections. The Supreme Court ruling aimed to strengthen local government autonomy and curb corruption. It declared that LG autonomy is crucial for grassroots development and accountability, potentially empowering local governments to operate independently.
The Supreme Court had also ordered the direct allocation of FAAC funds to 774 local government areas, bypassing state control. This means that states without a democratically elected LG chairman will not receive federal government funding.
What Transpired at Previous Proceedings
Last week, Usman and the legal teams representing the PDP, INEC, the Kwara Attorney General (AG), the Inspector-General (I-G) of Police, and the State Security Service (SSS) were granted leave to argue their positions regarding the planned LG election.
Usman argued that the Notice of Election issued by KWSIEC was consistent with the provisions of the Kwara State Local Government Electoral Laws and a recent Supreme Court judgment on LG autonomy. He contended that the PDP had no legal basis to interfere with the constitutional duties of the government and its electoral body in conducting the proposed local government election in Kwara State.
Usman argued that granting the PDP’s reliefs would render the Supreme Court’s order ineffective, leaving the state without a democratically elected Local Government Council.
This, he said, would result in “the Local Government funds from the Federation Account being withheld by the Federal Government, and the existence of the Local Government in the State being crippled against the dictates of the Constitution.”
The legal teams for INEC, the Kwara Attorney General (AG), the Inspector-General (I-G) of Police, and the State Security Service (SSS) supported Usman’s argument regarding the need to comply with the Supreme Court’s directive on LG elections.
However, the PDP’s lawyer, Ademola Abimbola, argued that the state agency did not maintain the status quo when the court temporarily halted the planned election, despite being served the enrolled order. Abimbola contended that this amounted to “contempt of court,” which should be resolved first, adding that the contempt application was served on Usman.
After listening to the counsels, the judge scheduled a ruling for today.
What the Court Said
Ruling on Tuesday, Justice Lifu held that there was no doubt the interim order (maintaining the status quo) was duly served on all parties.
He noted that despite this, the state electoral body had written letters stating that its meeting to bring peace to political parties would occur before, during, and after the LG election.
The judge said these letters were steps taken in clear violation of the court’s orders. However, he noted that the rules of the court on contempt, specifically committal to prison, require that an application for committal must be served personally on the alleged contemnor (or by substituted means if personal service fails).
He observed that “from the record of this court, there was no personal service of this order on the alleged contemnor,” and faulted the PDP for not strictly observing the rules.
“Failure to serve the motion on notice for contempt is a fundamental breach of the law,” the judge held while quashing the contempt application.
Furthermore, the judge noted that the ex-parte order had been pending since July 29, 2024, and should not last beyond 14 days based on the law.
“The ex-parte order is accordingly set aside,” Lifu ruled, ordering the return of the case file to the Chief Judge for possible reassignment.
By this ruling, the Kwara State Government can proceed with the LG elections unless there is an appeal.
