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The Kwara State Government and the Kwara State Independent Electoral Commission, on Friday, asked Justice Peter Lifu of the Federal High Court in Abuja to dismiss the Peoples Democratic Party’s suit seeking to stop the September 21 Local Government elections in the State.
KWSIEC and the Kwara State Attorney-General, Senior Sulyman, in separate preliminary objections and counter-affidavits, contended that the court lacked jurisdiction to entertain the suit.
The PDP had in a suit marked: FHC/ABJ/CS/1061/2024, sued the Independent National Electoral Commission, KWASIEC, Kwara AG, the Inspector-General of Police, and the Department of State Services, as 1st to 5th defendants, respectively.
The party, had, through its team of lawyers led by Kehinde Ogunwumiju, told the court that KWASIEC was in grievous 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 the state were deliberately jettisoned by the state’s electoral body under unacceptable circumstances, among others.
The KWASIEC and Kwara AG urged the court to dismiss the plaintiff’s application for being statute-barred, insisting that the court lacks jurisdiction to entertain it.
In the preliminary objection filed by the second defendant — KWSIEC, through their counsel, Johnson Usman, the electoral commission gave five grounds why the plaintiff’s suit should be dismissed.
Usman in his argument, among others, said the PDP’s suit was predicated on the September 21 LG election in the state, and that the court lacked the jurisdiction to hear and determine the suit “which deals with the Kwara State Local Government election not being conducted or recognised under the Electoral Act, 2022.”
The third defendant, the Kwara State AG, on his part, in agreement with the second defendant in his preliminary objection and counter affidavit filed before the court, urged the court to dismiss the plaintiff’s application.
Meanwhile, PDP’s lawyer, Ademola Abimbola, at the start of the proceeding, told the court that the matter was adjourned for today for a hearing of all the pending applications, including the substantive matter.
Abimbola also informed the court that the KWSIEC served on them a motion, seeking to set aside the interim order of the court in August and that they responded with a counter affidavit on September 4, 2024, adding that he would love to know if the KWSIEC’s counsel intends to proceed with the matter or not, which Usman said he was ready.
Adamu Bello, who appeared for INEC, sought to withdraw all the processes filed, including their amended counter affidavit filed on August 21, 2024.
Following the no objection from all parties in the matter, Justice Lifu granted his request.
Abimbola proceeded to inform the court that his client forwarded him a letter dated August 28, which he received this (Friday) morning.
Abimbola said the letter was addressed to the state PDP chairman, inviting the party to a peace meeting despite an injunction restraining parties from taking any step pending the hearing and determination of the suit.
“There are two things I can deduce here. The 2nd defendant (KWSIEC) is in contempt of court. Therefore the 2nd defendant cannot be heard in this case,” he said.
However, the senior lawyer opposed Abimbola’s oral application in strong terms.
Usman argued that in the first instance, there was no evidence placed before the court of any alleged disobedience to the order.
“My lord, speaking from the inner bar, I am hearing this allegation for the first time and my learned friend holds me a duty to inform me to confirm from my client,” he said.
Besides, he argued that such an application cannot be made orally.
“All the facts alleged are concrete facts that cannot be given by a lawyer in the bar. It must come by affidavit and that has not been done. Therefore, his application cannot be granted,” he contended.
Usman said if Abimbola felt that KWSIEC was in disobedience of court order, he knew the proper thing to do.
“He should do the needful, serve the 2nd defendant and we will take it from there,” he said.
He urged the court to disregard the allegation, saying “There is no document to show to court but he is only speaking from his phone.”
Abimbola told the open court he forwarded the electronic copy of the letter to Usman some minutes after the hearing had already started and proceeded to attempt to read the letter out loud for everyone.
Usman however stopped him by objecting.
“I objected because reading it will be prejudicial,” he said.
But Abimbola insisted he could raise the application orally, citing authorities.
He said KWSIEC’s disobedience to court order was tied to the issues of the election.
On his part, Usman argued that the authority cited by Abimbola was directly against the PDP lawyer and in his (Usman’s) support.
He said in the case Abimbola cited, a formal application accompanied by an affidavit was filed but in the instant case, he had not done that.
“So having not filed same, that authority should be used against him,” he said.
Abimbola prayed the court for an adjournment saying “I will apply that my Lord either give us a stand down or adjourn till Monday for us to come properly. This is a very serious issue and it bothers on disobedience of court in relation to the election.”
Usman argued that “There is no reason for adjournment. What he is seeking, he can do it at any time and day.
“Application for committal can even be heard after judgment. The election is 21st of this month, 16 days from today. The election affects the entire state. It is in our interest that this matter be heard.
“Preparation for election involves huge money and without the election, the state will not receive an allocation from FAAC. It is a known fact.”
The Kwara AG equally opposed Abimbola’s plea for an adjournment, citing Order 26, Rule 2 of the Federal High Court.
Sulyman argued that such request is an application to bring an application, which he said, was unknown to law.
“This is so because there is no formal application before the court.
“Besides, there is nothing placed before the court to warrant this. It is just a mere allegation.
“We urge the court to dismiss it as time-wasting and order that we proceed,” Sulyman said.
Justice Lifu, however, ordered the plaintiff to make a formal application of the allegation and adjourned the matter until September 11 for a hearing of all pending applications, including the substantive suit.
At the previous sitting on July 29, Justice Lifu granted PDP’s ex-parte motion stopping INEC from releasing the national voters’ register to KWSIEC to conduct the September 21 LG poll pending the hearing and determination of the substantive suit.
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