A Federal High Court sitting in Kano has restrained the Kano State Independent Electoral Commission (KANSIEC) from conducting the Kano State Local Government elections until qualified persons are duly appointed as Chairman and members of the Commission.
The court, presided by Justice Simon Amobeda, equally disqualified Prof Sani Lawan Malumfashi from jhis position as the Chairman of the Commission
The orders were granted following a suit filed by Aminu Aliyu Tiga and All Progressives Congress (APC) against KANSIEC, the Chairman and appointed members of the Commission.
Anas Mustapha, Professor Sani Lawal Malumfashi, Murthar Garba Dangogo, Isyaku Ibrahim Kunya, Shuhu Na Allah Kura, Kabiru Jibril Zakaris and Amina yinuwa Fegge according to the court papers are the 8rd , 9th 10th, 11th, 12th,13th, and14th defendants.
In his ruling, Tuesday, Justice Amobede held that the 9th to 14tth defendants, being card – carrying members of the New Nigeria Peoples Party (NNPP) and are in partisan politics, contrary to Section 200 (1)(a) of the 1999 Constitution (as amended) and Section 4 of the Kano State Independent Electoral Commission Law 2001, and therefore, are not qualified to be the Chairman and members of the Kano State Independent Electoral Commission.
The judge also affirmed that the 9th defendant ( Professor Sani Lawal Malumfashi) was not qualified to be appointed the Chairman of the Commission given that he was not an officer of the Kano State Civil Service of the rank of a Director at the time of his appointment as specified by the law.
The judge held that KANSIEC, whose composition had failed to meet the constitutional provisions of Section 197(1) of the 1999 Constitution and KANSIEC Law 2001, cannot validly and competently conduct the Local Government elections in the state unless qualified persons are duly and legally appointed to the position of its Chairman and members of the Commission.
Consequently, the judge invalidated all the activities so far undertaken by KANSIEC under the present leadership for the conduct of the Local Government elections in the state, listing such activities to include the issuance of election guidelines, circular, screening of candidates, sale of nomination and expressions of interest forms among others.
