Court reserves judgment on Kano LG polls

Justice Simon Amobeda of the Federal High Court sitting in Kano has reserved judgments on matters bordering on the conduct of local government elections in Kano.

The All Progressives Congress (APC) has instituted two separate suits against the Kano State Independent Electoral Commission (KANSIEC), Kano State Attorney General and Commissioner for Justice, Chairman of KANSIEC Professor Sani Lawan Malumfashi and members of the commission challenging the conduct of the poll.

In the first suit, APC and one Abdullahi Tiga (plaintiffs) filed exparte motion asking the court to stop KANSIEC from proceeding with the preparation of the conduct of the council poll pending the hearing and determination of its originating summon.

Justice Amobeda refused to grant the APC exparte, the Judge had directed KANSIEC, Attorney General and 12 others to show cause why the plaintiffs’ motion should not be granted.

In the second suit, APC and Prince Abdullahi Abbas (plaintiffs) moved motion on notice asking the court to determine whether KANSIEC is a revenue-generating agency of government with the stipulated charges of N9 million Chairmanship and N4 million councilorship forms.

The plaintiffs in the second case had also queried the credibility of KANSIEC commissioners and chairman to conduct fair and credible elections. The plaintiffs alleged their local to NNPP administration.

When the matter resumed for hearing on Friday, counsel to AG, Kano, Ridwan Umar, a senior advocate in the first suit moved a preliminary objection challenging the jurisdiction of the court to entertain the matter.

Citing sections 84 and 150 of the Electoral Act, the senior lawyer insisted the Electoral Act does not empower the Federal High Court to hear the matter because it is not a pre-election matter.

On the second suit, Umar who also stood for Attorney General and Commissioner for Justice told the court that KANSIEC is empowered under section 7 of its act to charge aspirants a non-refundable fee as part of pre-condition for candidates to take part in the council election.

On the membership of KANSIEC, counsel insisted the plaintiffs are statute bar from challenging the appointment, considering the provision of the Public Officer Act which specifies three months to challenge any public appointment.

He said the appointment of the commissioners is more than three months.

The senior lawyer however urged the court to be mindful of the antics of the opposition party to strangulate the process saying any attempt to grant the prayers of the plaintiffs would obstruct a democratic process guaranteed under the Constitution. He urged the court to dismiss the APC’s application.

In a counterargument, APC lawyer, Ismail Abdulazeez kicked against the position of the respondents on the status bar, averting that his client was only concerned about the legality of their appointment.

He urged the court to consider and grant his prayers in the interest of justice and fairness.

Meanwhile, Justice, Amobeda had refused applications from the New Nigerian Peoples Party (NNPP) and the Kano State House of Assembly to join in the second suit as interested parties.

The presiding Judge held that an attempt by the interested parties to join in the suit would amount to an undue plan to delay a smooth hearing on the matter.

Justice Amobeda, having held arguments on the applications, originating summon and counter-affidavits of parties, reserved judgment on the two matters at a later date.

The judge was not specific when the verdict would be held but promised quick delivery on the matter.