With just days before the scheduled local government elections in Kano State, the Federal High Court in Kano has disqualified the chairman and members of the Kano State Independent Electoral Commission (KANSIEC).
The court declared that the commission’s officials, responsible for overseeing the upcoming elections, are unfit for their positions. The decision has cast uncertainty over the local government elections, which were planned for Saturday, October 26, 2024.
The ruling was delivered by Justice S.A. Amobede in response to a lawsuit filed by Aminu Aliyu Tiga, a member of the All Progressives Congress (APC).
Tiga challenged the legality of KANSIEC’s leadership, arguing that they are not eligible to conduct the elections because they are affiliated with the ruling New Nigeria Peoples Party (NNPP) and do not meet the legal requirements for their positions.
According to the court, the chairman and several members of KANSIEC were found to be active members of the NNPP. This violated Section 197 (1) (b) and Section 200 (1) (a) of the 1999 Constitution of Nigeria (as amended), which prohibits the appointment of partisan individuals to certain key electoral positions.
The Kano State Independent Electoral Commission Law of 2001 also mandates that only non-partisan civil servants, at least at grade level 14, can be appointed to these roles. The court found that this law had been ignored during the appointment of KANSIEC members.
Justice Amobede further criticized the appointment of Kabir Zakirai, the Secretary of the Commission. The judge pointed out that Zakirai was not a civil servant of sufficient rank before his appointment, as required by law.
Specifically, Section 14 of the Kano State Independent Electoral Commission Law of 2001 states that the Secretary must be a civil servant of director-level rank, a condition Zakirai did not meet.
In his judgement, Justice Amobede stated, “The defendants being card-carrying members of the New Nigeria 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 Defendant, (KANSIEC).”
The court declared that the entire commission, as it is currently composed, cannot lawfully organize the local government elections scheduled for October 26, 2024. As a result, all preparations made by the commission so far, including issuing election guidelines, screening candidates, and selling nomination forms, have been rendered null and void.
Justice Amobede ruled 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.”
In addition to disqualifying the current members of KANSIEC, the court also restrained the commission from participating in or overseeing the 2024 local government elections until a new, legally appointed team is in place. Justice Amobede emphasized that any activities or decisions made by the current commission are to be considered void, and the commission’s leadership must be immediately removed from their positions.
