Why court barred Kano electoral commission from conducting local government elections
A Federal High Court in Kano, presided over by Justice Simon Amobeda, has issued a restraining order against the Kano State Independent Electoral Commission (KANSIEC) from conducting the local government elections scheduled for Saturday, October 26, 2024.
The court’s decision was based on the finding that the current chairman and members of KANSIEC are card-carrying members of the ruling New Nigeria Peoples Party (NNPP), which violates several constitutional provisions.
The court identified that the appointments of KANSIEC’s chairman and members contravened sections 197(1)(b) and 200(1)(a) of the 1999 Constitution of Nigeria (as amended), as well as Section 4(b) of the Kano State Independent Electoral Commission Law 2001. These sections stipulate that members of electoral commissions must not be active participants in partisan politics to ensure impartiality in conducting elections.
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Justice Amobeda declared that KANSIEC, in its current composition, is not legally qualified to conduct elections. He emphasized that any actions taken by KANSIEC regarding election preparations—such as issuing guidelines or screening candidates—are null and void.
As a result of this ruling, KANSIEC is prohibited from proceeding with any activities related to the local government elections until it appoints qualified individuals as its chairman and members in accordance with relevant laws. Furthermore, Justice Amobeda directed the Independent National Electoral Commission (INEC) not to release any election materials to KANSIEC until it is properly constituted.
The ruling also extends to security agencies such as the police and Department of State Services (DSS), which have been instructed not to participate in monitoring or providing security for any local government elections in Kano until compliance with constitutional requirements is achieved.
