Nigeria: Court stops polls for Kano L.G. and dismissed the members of the election commission

The Federal High Court in Kano has suspended the planned local government elections in the state earlier scheduled for Saturday, October 26 and dissolved the membership of the Kano State Independent Electoral Commission (KANSIEC).

Justice Simon Ameboda, while ruling yesterday in a case brought by Aminu Aliyu Tiga and the All Progressives Congress (APC), ruled that the KANSIEC chairman and five commissioners were ineligible to hold office.

He stated that they engaged in party politics as members of the New Nigeria People’s Party (NNPP), which is in violation of Articles 197(1)(b) and 200(1)(a) of the 1999 Constitution as well as Article 4 of the 1999 Constitution. KANSIEK Act 2001.

SPONSORSHIP ANNOUNCEMENT

KANSIEC Chairman Professor Sani Lawal Malumfashi and commission members Muktar Garba Dandago, Isyaku Ibrahim Kunya, Kabiru Jibrin Zakirai and Amina Inuwa Fagge were found to be members of the NAPP. The court found this unconstitutional and deprived them of the right to serve on the election commission.

The court further held that the Secretary of the commission, Anas Muhammad Mustapha, was not fit for office because, prior to his appointment, he was not a Kano State public servant at the director level as required by Section 14 of the KANSIEC Act 2001.

As a result, all commission members were disqualified and immediately removed from office.

Justice Ameboda said any preparation by KANSIEC for the 2024 local government elections, including issuing election guidelines, vetting candidates and selling nomination forms, was void.

The court also ordered the Independent National Electoral Commission (INEC) to withhold election materials from KANSIEC and seize materials already provided, such as voter lists, until a duly constituted commission is established.

The judge further directed the Nigeria Police Force, Department of State Services (DSS) and Nigeria Security and Civil Defense Corps (NSCDC) not to participate in or supervise local government elections until KANSIEC is reconstituted in accordance with Section 197(1 ). , 199(2), 200(1)(b) of the Constitution and sections 4 and 14 of the KANSIEC Act 2001.

In response to a preliminary objection filed by KANSIEC legal counsel Rilwan Umar (SAN) and Kano State House of Assembly lawyer Ibrahim Wangida, the court rejected their argument that the case was beyond its jurisdiction under Article 251 of the constitution. Justice Ameboda ruled that the court had jurisdiction to hear the case, allowing the suit to proceed.

The plaintiffs’ lawyer, Sunday Oloworun, described the decision as a victory for the rule of law and electoral democracy in Nigeria.

In a related suit filed by Kano State APC Chairman Abdullahi Abbas and the party itself, the court addressed the issue of KANSIEC’s collection of nomination fees.

Although the court found that KANSIEC had the legal right to levy fees of N9 million for chairman candidates and N4 million for councilor candidates, Justice Ameboda said the fees were invalid due to the lack of legal status of the electoral commission.

He believed that the illegal composition of the commission meant that any decisions it made, including the collection of fees, were invalid.

When our correspondents visited the KANSIEC office to get a reaction to the decision, none of the commission members were there.

However, Professor Sani Lawal Malumfashi, chairman of the commission, told one of our correspondents over phone: “We are aware of the issue but will not rush to make any comments until Thursday. All necessary information will be transmitted then.”

A commission source suggested that commission members are studying the decision and considering their next steps.

Attempts to contact Hashim Dungurawa, the NAPP chairman, whose party was actively campaigning for the elections, were unsuccessful as he did not respond to numerous calls.

State Attorney General and Commissioner for Justice Haruna Isa Dederi, when contacted, declined to comment citing ill health and later switched off his phone.

In a separate development, KANSIEC had earlier published the names of the candidates cleared for the positions of councilors and chairmen ahead of the now-stalled elections.

The list included names of representatives of various political parties, but most of the candidates were from the ruling NAPP. Several opposition candidates from parties such as the Action Alliance (AA) and the Allied Peoples’ Movement (APM) were also allowed to run for the chairmanship.

Applicants went through several stages of vetting, including audits by external bodies such as the National Drug Law Enforcement Agency (NDLEA). Some applicants have been disqualified for reasons such as incomplete documentation, lack of qualifications, or failure to pass drug tests.

Meanwhile, the court’s decision has thrown the entire election process into uncertainty, leaving candidates and political parties awaiting further developments.