By Ameh Ochojila
The Kano division of the Court of Appeal, which sat in Abuja on Tuesday has reserved judgments in five appeals against two decisions of the Federal High Court in Kano, which voided the composition of the Kano State Independent Electoral Commission (KANSIEC).
A three-member panel of the appellate court presided over by Justice Georgewill Ekanem, announced after hearing the appeals that the date for judgment would be communicated to parties.
The appeals are: CA/KN/20/2025 filed by KANSIEC, with the Independent National Electoral Commission (INEC) and four others as respondents; CA/KN/233/2024 by Kano State House of Assembly and another, with Honourable Aminu Aliyu Tiga and 14 others listed as respondents.
The other appeals are: CA/KN/290/2024 by Attorney General of Kano State and six others, with All Progressives Congress (APC) and three others listed as respondents; CA/KN/291/2024 by KANSIEC and eight others, with Kano State House of Assembly and six others as respondents.
The judgments appealed against are those delivered on October 22 and 24, 2024 by Justice Simon Ameboda of the Federal High Court in Kano.
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In the October 22 judgment, Justice Ameboda restrained the KANSIEC from proceeding with the Local Government elections earlier planned for October 26, 2024.
The judge also voided the composition of the KANSIEC because those appointed were not qualified. The judgment was on the suit filed by Aminu Aliyu Tiga and the APC.
Justice Ameboda found that the appointed members of KANSIEC were involved in partisan politics as members of the New Nigeria People’s Party (NNPP), which violates sections 197(1)(b) and 200(1)(a) of the 1999 Constitution, as well as Section 4 of the KANSIEC Law 2001.
The judge equally found that the chairman of KANSIEC, Professor Sani Lawal Malumfashi, and other members – Muktar Garba Dandago, Isyaku Ibrahim Kunya, Kabiru Jibrin Zakirai and Amina Inuwa Fagge – are card-carrying members of the NNPP.
Justice Ameboda held that their being members of a political party was unlawful and made them ineligible to serve on the electoral commission.
the judge also held that the commission’s secretary, Anas Muhammad Mustapha, was unqualified for his position as he was not a Kano State civil servant of director-level rank before his appointment, a requirement under Section 14 of the KANSIEC Law 2001.
He proceeded to disqualify all members of the commission and ordered their removal from office with immediate effect.
Justice Ameboda declared that any preparations made by KANSIEC for the 2024 local government elections, including the issuance of election guidelines, candidate screening, and the sale of nomination forms, were null and void.
He also ordered the Independent National Electoral Commission (INEC) to withhold election materials from KANSIEC and to retrieve any already provided, such as voter registers, until a properly constituted commission is in place.
The judge directed the Nigeria Police, Department of State Services (DSS), and the Nigeria Security and Civil Defence Corps (NSCDC) not to participate in or monitor the local government elections until KANSIEC is reconstituted under sections 197(1), 199(2), 200(1)(b) of the constitution and sections 4 and 14 of the KANSIEC Law 2001.
