1 week Ago By Tukur Muntari
Barely four days to the Kano Local Government election, a Federal High Court in Kano, on Tuesday, disqualified Prof Sani Malumfashi as the chairman of the Kano State Independent Electoral Commission. The presiding Judge, Simon Amobeda, in a ruling in a matter filed by Aminu Aliyu Tiga and the All Progressives Congress, held that the chairman was a political party card-carrying member. The court also sacked five members of the commission for their ties with a political party in the state.
The plaintiff had alleged that the commission chairman and the members were card-carrying members of the New Nigeria People’s Party. Following the ruling, there was anxiety over the likely conduct of the local government election on Saturday, October 26. The electoral body had fixed October 26 to conduct the council polls in the 44 local government areas of the state.
Efforts to reach the sacked chairman through his telephone by The PUNCH failed as of the time of filing this report, as his telephone line was switched off. Also, attempts to get the reaction of the state government, the NNPP and even the All Progressives Congress and Peoples Democratic Party on the development were not fruitful. The defendants in the suit are KANSIEC, Kano State House of Assembly, the Attorney General, the Independent National Electoral Commission, the Director, Department of State Services, Commissioner of Police, Kano command, State Commandant, Nigerian Security and Civil Defence Corps, Kano State Command, Anas Muhammad Mustapha, Mukhtar Garba Dandago, Isyaku Ibrahim Kunya, Kabir Jibril Zakirai and Amina Inuwa Fagge.
Related News Lebanese jailed 14 years for sexually exploiting two teenage girls APC urges court to stop Kano LG poll Kano LG poll: KANSIEC commences tour, seeks partnership with monarchs The court ordered that the ninth to 14th defendants, being card-carrying members of the 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, were not qualified to be the chairman and members of the first defendant. The court restrained the first defendant from conducting the 2024 local government election in respect of 44 local governments in Kano State until and unless qualified persons were duly and legally appointed as chairman and members of the first defendant. It ruled that the ninth defendant, not being an officer in the Kano State Civil Service not below the rank of director before he was appointed secretary of the first defendant, was not qualified to be appointed to the position, under Section 14 of the Kano State Independent Electoral Commission Law 2001.
“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,” the court ruled. “That, whatever the first defendant 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 of interest forms, whichever and howsoever, are null and void and of no effect whatsoever. “That the 9th-14h defendants are forthwith disqualified and removed from their positions as chairman and members of the defendants.
“That the first defendant is forthwith restrained from conducting the 2024 local government election 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 first defendant,” the court further ruled. Justice Amobeda also ruled that the fourth defendant was forthwith directed not to release/issue register of voters or any electoral material or materials in respect of the 44 LGs in Kano State to the first defendant for the purpose of conducting 2024 LG 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 the first defendant. “Similarly, the court ordered that, where the fourth defendant has already released or issued a register of voters or any electoral material or materials in respect of the 44 LGs in Kano State to the first defendant for the purpose of conducting 2024 Local Government Election in the state, the fourth defendant shall forthwith recall or retrieve such register of voters or electoral material or materials from the first defendant, and custody same until the first 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,” he added.
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