A Federal High Court in Kano State has sacked the chairman and members of the (Kano) State Independent Electoral Commission (KANSIEC), a few days to the state’s local government election.
The court, in its ruling, delivered by Simon Amobede, stated that the KANSIEC chairman, Sani Lawan Malumfashi, a professor, and other members of the commission were card-carrying members of the ruling New Nigeria Peoples Party (NNPP) in the state.
The sack of Malumfashi and other members of KANSIEC came barely four days to the state’s local government election, scheduled for Saturday, October 26.
The court gave the ruling on Tuesday, October 22, while delivering judgment in a suit filed by Aminu Aliyu Tiga of the All Progressives Congress (APC) against KANSIEC, the state attorney general and commissioner for justice, Haruna Isa Dederi, and 14 others.
“The defendants, being card-carrying members of the New Nigeria People 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 of (KANSIEC),” the court ruled.
The judge also declared that Kabir Zakirai, the commission’s secretary, was not eligible to be appointed in accordance with Section 14 of the Kano State Independent Electoral Commission Law 2001 since he was not below the rank of director before his appointment as the commission’s secretary.
The judge added 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, could not validly and competently conduct local government election in respect of 44 local governments in the 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 judge also decided that all of the commission’s efforts to prepare for the local government election, including the distribution of election guidelines, circulars, candidate screening, and the sale of nomination and expression interest forms, were null and void.
“The defendants are forthwith disqualified and removed from their positions as chairman and members of the commission,” the judge added.
The judge directed the police and other security agencies to ensure strict compliance with the ruling.
The sacked KANSIEC chairman had said in August 2024 that in accordance with the July Supreme Court judgement granting full autonomy to local government areas (LGAs) in Nigeria, the commission had no choice but to move the local government elections to October 26, following the mutual agreement between states and the federal government regarding the expiration of the October deadline on local government financial autonomy.
The ICIR reported that the Supreme Court granted the nation’s 774 LGAs financial autonomy in a judgment passed on Thursday, July 11.
The judgement, read by a justice of the Supreme Court, Emmanuel Agim, held that funds meant for LGAs be paid directly into their accounts.
The court also ruled that it was unconstitutional for the state government to hold on to or manage such allocations and directed the 774 LGAs to commence managing their funds.
The judgment was passed in a suit filed by the Federal Government through the attorney general of the federation, Lateef Fagbemi, against the 36 state governors in the country, seeking full autonomy for the local governments.
A reporter with the ICIR
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