Kano State Independent Electoral Commission Disqualified from Conducting Local Government Elections

In a significant legal development, a Federal High Court in Kano has disqualified the leadership of the Kano State Independent Electoral Commission (KANSIEC) from overseeing the upcoming local government elections, scheduled for October 26, 2024. The ruling was delivered by Justice S.A. Amobede and stemmed from a suit filed by Aminu Aliyu Tiga, a member of the All Progressives Congress (APC), challenging the eligibility of KANSIEC’s chairman and its members.

The court found that the KANSIEC chairman and other members are card-carrying members of the ruling New Nigeria Peoples Party (NNPP), thus violating constitutional provisions that prohibit partisan politics for officials overseeing electoral processes. Specifically, the judgment cited Section 197 (1)(b) and Section 200 (1)(a) of the 1999 Constitution of Nigeria, which stipulate that members of electoral commissions must be impartial and should not engage in political activities.

Justice Amobede noted that Kabir Zakirai, the Commission’s Secretary, failed to meet the qualification criteria as he was not a civil servant above the rank of Director at the time of his appointment. The court stated that KANSIEC’s current composition is unconstitutional, rendering it incapable of conducting the local government elections until qualified members are appointed in accordance with the law.

Furthermore, the court nullified all actions taken by KANSIEC in preparation for the elections, emphasizing that the Commission is restrained from proceeding until it complies with the relevant constitutional and legal requirements regarding appointments.

The ruling underscores the imperative for electoral bodies to maintain independence from partisan influence, thereby ensuring the integrity and credibility of the electoral process. Justice Amobede has directed police and security agencies to enforce the ruling effectively. The implications of this decision could significantly impact the electoral landscape in Kano State, necessitating prompt action to appoint a compliant leadership for KANSIEC before the scheduled elections.