PDP Urges Kwara Chief Judge To Disband LG Elections Tribunal Allegedly Constituted Against Court's Order
The Peoples Democratic Party (PDP) in Kwara State has called on the Chief Judge of the State, His Lordship, Justice Abiodun Adebara, to immediately disband the Local Government Elections Tribunal, constituted on the 5th of September, 2024 noting that, apart from the fact that the panel was not properly constituted, it also violate the existing Federal high court order halting every actions on LG elections
The PDP in a statement by its State Publicity Secretary, Olusegun Olusola Adewara said the Chief Judge as the head of judiciary in the state, ought to not involved himself in any behaviour that put the court into disrepute or perpetuate an act that threatened the sacred power of the court.
The party notes that Justice Adebara is well aware that ignoring or attempting to subvert a lawful court order constitutes contempt of court, an offense that carries severe legal consequences. Therefore, his involvement in constituting this tribunal, despite being fully aware of Justice Lifu's ruling, is not only legally questionable but also insensitive to judicial processes.
VALIDITY OF THE TRIBUNAL QUESTIONABLE
It is deeply troubling that the Chief Judge, in empaneling the tribunal, failed to seek adequate and wide consultation from those whose expertise could have properly guided him on the correct composition of the election tribunal under Kwara State law. This oversight has resulted in the appointment of two Chief Magistrates to head the two panels even when Chief Magistrates lack the legal authority to preside over election tribunal
We direct the chief Judge's attention to Article 98(1, 2, 3, and 4) of the Kwara State Local Government Administration Law, which explicitly states that the Chairman of an election tribunal must be a Judge of the High Court, with members consisting of a Khadi of the Sharia Court of Appeal and three Chief Magistrates.
For the avoidance of doubt , article 98(1and 2) reads;
1. The Local Government Elections Tribunal shall consist of a chairman and four others
2. The chairman shall be a judge of the high Court and members shall consist of Khadi of the Sharia Court of appeal and 3 chief Magistrates
The current composition, which appoints two Chief Magistrates as Chairmen and also excluded the presence of Khadi of the Sharia Court are both unlawful and their composition invalid in the face of law . It suffices to note that any action taken by the current tribunal in relation to the Local Government elections will lack legal standing and cannot be recognized.
To this end, the PDP calls on the Chief Judge to immediately disband this improperly constituted tribunal and await the outcome of the Federal High Court's decision, as presided over by Justice Lifu before taking further action on Local Elections.
We advise the judiciary in Kwara State to lead by example, ensuring that all actions are in strict conformity with the law and respect the orders of courts.
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