A Federal High Court in Kano has halted the scheduled local government elections in the state, previously set for Saturday, October 26, and dissolved the membership of the Kano State Independent Electoral Commission (KANSIEC).
Justice Simon Ameboda, while delivering judgment yesterday in a case filed by Aminu Aliyu Tiga and the All Progressives Congress (APC), ruled that KANSIEC's chairman and five commissioners were ineligible for their roles.
He stated that they were involved in partisan politics as members of the New Nigeria People's Party (NNPP), which violates sections 197(1)(b) and 200(1)(a) of the 1999 Constitution, as well as Section 4 of the KANSIEC Law 2001.
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The chairman of KANSIEC, Professor Sani Lawal Malumfashi, and commissioners Muktar Garba Dandago, Isyaku Ibrahim Kunya, Kabiru Jibrin Zakirai, and Amina Inuwa Fagge, were found to be card-carrying members of the NNPP. The court deemed this unconstitutional, making them ineligible to serve on the electoral commission.
Additionally, the court ruled that the commission's secretary, Anas Muhammad Mustapha, was unqualified for his position as he was not a Kano State civil servant of director-level rank prior to his appointment, a requirement under Section 14 of the KANSIEC Law 2001.
As a result, all members of the commission were disqualified and removed from office with immediate effect.
Justice Ameboda declared that any preparations made by KANSIEC for the 2024 local government elections, including the issuance of election guidelines, candidate screening, and the sale of nomination forms, were null and void.
The court also ordered the Independent National Electoral Commission (INEC) to withhold election materials from KANSIEC and to retrieve any already provided, such as voter registers, until a properly constituted commission is in place.
Furthermore, the judge directed the Nigeria Police, Department of State Services (DSS), and the Nigeria Security and Civil Defence Corps (NSCDC) not to participate in or monitor the local government elections until KANSIEC is reconstituted in accordance with sections 197(1), 199(2), 200(1)(b) of the constitution and sections 4 and 14 of the KANSIEC Law 2001.
In response to a preliminary objection filed by KANSIEC's legal counsel, Rilwan Umar (SAN), and Kano State House of Assembly lawyer, Ibrahim Wangida, the court dismissed their argument that the case was outside its jurisdiction under Section 251 of the constitution. Justice Ameboda ruled that the court had the authority to hear the case, allowing the suit to proceed.
Counsel for the plaintiffs, Sunday Olowoorun, praised the ruling as a victory for the rule of law and electoral democracy in Nigeria.
In a related lawsuit brought by the Kano State APC chairman, Abdullahi Abbas, and the party itself, the court addressed the imposition of nomination fees by KANSIEC.
While the court acknowledged that KANSIEC had the legal right to impose fees of N9 million for chairmanship candidates and N4 million for councillorship candidates, Justice Ameboda declared that these fees were invalid due to the electoral commission's lack of legal standing.
He held that the commission's unlawful constitution meant that any decisions it made, including fee impositions, were null and void.
When our correspondents visited KANSIEC's office for a reaction to the ruling, none of the commissioners were available.
Professor Sani Lawal Malumfashi, the commission's chairman, however told one of our correspondents via phone call that, "We are aware of the issue, but we will not rush to make any comments until Thursday. All necessary information will be shared then."
A source within the commission suggested that the members were studying the judgment and considering their next steps.
Attempts to reach Hashim Dungurawa, chairman of the NNPP whose party had been actively campaigning for the election, were unsuccessful, as he did not respond to multiple calls.
The state's Attorney General and Commissioner for Justice, Haruna Isa Dederi, when contacted, declined to comment, citing ill health, and later turned off his phone.
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In a separate development, KANSIEC had earlier released the names of candidates cleared for councillorship and chairmanship positions ahead of the now-halted election.
The list included names from various political parties, but most candidates were from the ruling NNPP. A few opposition candidates from parties such as the Action Alliance (AA) and the Allied Peoples Movement (APM) were also cleared to run for chairmanship positions.
Candidates went through several stages of clearance, including checks by external bodies like the National Drugs Law Enforcement Agency (NDLEA). Some candidates were disqualified based on issues such as incomplete documentation, qualification discrepancies, or failing drug tests.
Meanwhile, the court ruling has thrown the entire election process into uncertainty, leaving candidates and political parties awaiting further developments.
