Ahead of October 26, 2024 Local Governments Elections in Kano state North West Nigeria, a Federal High Court in the state has dismissed the chairman and members of the Kano State Independent Electoral Commission, KANSIEC, from conducting the elections in the state.
Justice Simon Amobede made the declaration while delivering judgement in a suit filed by an All Progressives Congress, APC, member Aminu Aliyu Tiga, against the KANSIEC, the state Attorney General and Commissioner for Justice, Barrister Haruna Isa Dederi, and 14 others.
The court ruled that, the KANSIEC chairman and other members of the Commission are card carrying members of the ruling New Nigeria Peoples Party, NNPP, and also are not civil servants above grade level 14.
The Court held that, the defendants being card carrying members of the New Nigeria People Party (NNPP) and in partisan politics is contrary to the Section 197 (1) (b) and Section 200 (1) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and are not qualified to hold such positions in the state electoral body.
The court further ruled that “Kabir Zakirai, the Secretary of the Commission, not being an officer in the Kano State Civil Service not below the rank of Director prior to his appointment as Secretary to the Commission, is not qualified to be appointed to the position pursuant to Section 14 of the Kano State Independent Electoral Commission Law 2001.”
Again, the held that, “the 1st Defendant (KANSIEC) whose composition of members was made in contravention of constitutional provisions of Section 197 (1)(b) and Section 200 (1) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 4 of the Kano State Independent Electoral Commission Law 2001, cannot validly and competently conduct Local Government Election 2024 in respect of 44 Local Governments in Kano State until and unless qualified persons are duly and legally appointed as chairman and members of the commission in line with relevant extent law.”
Justice Amobede further ruled that whatever the Commission did or has done or is doing in preparation of 2024 Local Government Election in Kano State such as issuance of election guidelines, circulars, screening of candidates, sale of nomination and expression interest forms whichever and howsoever are null and void and of no effect whatsoever.
The defendants are forthwith disqualified and removed from their positions as chairman and members of the Commission. “The court held.”
“The 1st defendant (KANSIEC) is forthwith restrained from conducting 2024 Local Government Election in respect of 44 Local Governments in Kano State until and unless qualified persons are duly appointed.
“The defendants are mandated forthwith not to participate and monitor the conduct of Local Government Election 2024 in Kano State until and unless the provisions of sections 197 (1) (b), 199 (2) and 200 (1) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and sections 4 (b) and 14 (1) of the Kano State Independent Electoral Commission Law 2001 are fully complied with in the appointment of qualified persons as Chairman and Members of the 1st Defendant,” the judge added.
Justice Amobede directed the Nigerian Police and other security agencies to forthwith ensure full compliance with the judgement.
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