LG Polls: Court restrains Kano electoral body from conducting election

…Bars DSS, others from monitoring polls

By Bashir Bello

KANO — A Federal High Court sitting in Kano and presided over by Justice Simon Amobeda, has on Tuesday, restrained the Kano State Independent Electoral Commission, KANSIEC from conducting the forthcoming Local Government elections until it appointed qualified Chairman.

This was as the court sacked the Chairman of the umpire body, Prof. Sani Lawal Malumfashi and other members.

Justice Amobeda while delivering his judgment on a suit filed by one Aminu Aliyu Tiga and the All Progressives Congress, APC, sacked Malumfashi and other members on the ground that they are card carrying members of the ruling party, New Nigeria Peoples Party, NNPP and in partisan politics 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 Section 4 of the Kano State Independent Electoral Commission Law 2001.

Joined in the suit were Kano State Independent Electoral Commission, KANSIEC as 1st defendant, Kano State House of Assembly, 2nd defendant, Kano State Attorney General, 3rd defendant, Independent National Electoral Commission, INEC as 4th defendant, Director of DSS as 5th defendant, Commissioner of Police, Kano State Command and Kano State Commandant of the NSCDC as 6th and 7th defendants respectively.

Others include Anas Muhammad Mustapha, Prof. Sani Lawal Malumfashi, Mukhtar Garba Dandago and Amina Inuwa Fagge as 8th, 9th, 10th and 14th defendants respectively.

According to Justice Amobeda, “That, 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 dully and legally appointed as chairman and members of the 1st Defendant.

“That, the 1st Defendant 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.

“That, the 9th to 14th Defendants being card carrying members of the New Nigeria’s People Party (NNPP) and in partisan politics 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 Section 4 of the Kano State Independent Electoral Commission Law 2001, are not qualified to be the Chairman and Members of the 1st Defendant.

“That, the 9th Defendant not being an officer in the Kano State Civil Service not below the rank of Director prior to his appointment as Secretary of the 1st Defendant was not qualified to be appointed to the position pursuant to section 14 of the Kano State Independent Electoral Commission Law 2001.

“That, whatever the 1st Defendant 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.

“That, the 8th-14th Defendants are forthwith disqualified and removed from their positions as chairman and members of the 1st Defendants.

“That, the 4th Defendant is forthwith directed not to release/issue register of voters or any electoral material or materials in respect of the 44 Local Governments in Kano State to the 1st Defendant for the purpose of conducting 2024 Local Government Election in the 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 appointing qualified persons as chairman and members of 1st Defendant.

“That, where the 4th Defendant has already released/issued register of voters or any electoral material or materials in respect of the 44 Local Governments in Kano State to the 1st Defendant for the purpose of conducting 2024 Local Government Election in the State, the 4th Defendant shall forthwith recall or retrieve such register of voters or electoral material or materials from the 1st Defendant, and custody same until the 1st Defendant is properly constituted in full compliance with 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.

“That, the 5th 7th 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 1st Defendant.

“That, the 2nd and 3rd Defendants are directed to forthwith ensure full compliance with 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 by the appointment and approval of only qualified persons as Chairman and Members of the 1st Defendant,” Justice Amobeda however stated.

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