In a significant ruling on Tuesday, the Federal High Court sitting in Kano State, disqualified the Chairman and Kano State Independent Electoral Commission (KANSIEC), Prof. Sani Lawan Malumfashi and other members of the Commission from conducting the Saturday, October 26, 2024 local government election in the state.
Justice S.A. Amobede, who presided over the court, delivered the ruling in response to a suit filed by Aminu Aliyu Tiga, a member of the opposition All Progressives Congress (APC).
Tiga challenged the KANSIEC chiefs’ eligibility, citing their affiliation with the ruling New Nigeria People’s Party (NNPP) and their failure to meet civil service grade requirements.
In his judgement, Justice Amobede ruled that the chairman and other members of the Commission were unfit for their roles.
“The defendants being card-carrying members of the New Nigeria People’s Party (NNPP) and in partisan politics contrary to 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 Defendant, (KANSIEC),” the judge declared.
Furthermore, the court disqualified Kabir Zakirai, the Secretary of KANSIEC, citing his ineligibility for the position due to his previous civil service rank.
“Kabir Zakirai, not being an officer in the Kano State Civil Service not below the rank of Director before he was appointed Secretary of the Commission, is not qualified to be appointed to the position under Section 14 of the Kano State Independent Electoral Commission Law 2001,” Justice Amobede ruled.
The judgement also invalidated all previous actions taken by the Commission in preparation for the election, including the issuance of election guidelines, screening of candidates, and sale of nomination forms.
“Whatever the Commission did or has done or is doing in preparation for the 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 court stated.
The ruling further prevents the Commission from conducting the local government elections in Kano’s 44 local government areas until qualified persons are appointed to the commission.
“The 1st Defendant (KANSIEC) 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,” the judge declared.
In addition, the court directed law enforcement agencies to ensure compliance with the ruling, ordering that the defendants be disqualified and removed from their roles immediately. “The defendants are forthwith disqualified and removed from their positions as chairman and members of the Commission,” Justice Amobede ruled.
