1 month ago
13 ARTICLE AD
Barely four days before the Kano Local Government Areas election, a Federal High Court in the state has sacked Prof. Sani Malumfashi as the chairman of the Kano State Independent Electoral Commission for being a card-carrying member of a political party.
The presiding judge, Simon Amobeda gave the ruling on Tuesday, in a matter filed by Aminu Aliyu Tiga and All Progressives Congress.
The defendants in the suit are Kano State Independent Electoral Commission, Kano State House of Assembly, Attorney General, Kano State, INEC, 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.
The court ordered that the 9th to 14h defendants being card-carrying members of the New Nigeria People’s Party 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 1st defendant.
The court forthwith 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 are duly and legally appointed as chairman and members of the 1st defendant.
”It ruled 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 first defendant was not qualified to be appointed to the position pursuant to 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 1st 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 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 1st 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 1st defendant.
Justice Amobeda also ruled that the 4h 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) and14 (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.
“Similarly, the court ordered 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 1 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 1s 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.”
The Kano local government election is scheduled for this Saturday, October 26.
