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Kano High Court Clears KANSIEC to Conduct LG Elections

Kano Independent Electoral Commission (KANSIEC)

The Kano State High Court has given the green light for the state’s Independent Electoral Commission (KANSIEC) to conduct local government elections as planned on Saturday, October 26, 2024. 

The ruling was delivered by Justice Sanusi Ma’aji following a case filed by KANSIEC against the All Progressives Congress (APC) and 13 other respondents. Justice Ma’aji affirmed that KANSIEC has the legal authority under the Constitution to organise, oversee, and hold elections across the 44 local councils of the state. 

The judge also ruled that any attempt to interfere with or disrupt the election process would be invalid. He instructed security agencies to ensure the safety of lives and property during and after the elections. 

Speaking after the verdict, KANSIEC’s legal representative, Rilwanu Umar (SAN), described the ruling as well-reasoned. On the other hand, Nura Adamu, representing the APC, explained that the party was not opposing the electoral commission’s authority to hold the election.

Instead, they questioned the legality of the commission’s composition, arguing it violated both the Constitution and the Kano State Independent Electoral Commission Law of 2001. He added that the APC would review the judgment and decide their next steps. 

This ruling comes shortly after a conflicting decision from the Federal High Court in Kano earlier in the week.

Presiding judge Justice Simon Amobeda had ordered the removal of KANSIEC’s chairman, secretary, and commissioners, and blocked the electoral body from holding the polls. He also directed the police, Department of State Services (DSS), and civil defence corps not to assist with the election or provide voter registers. 

The Federal High Court found that KANSIEC officials were members of the New Nigeria People’s Party (NNPP) and not qualified to hold office in the electoral commission, as they were involved in partisan politics.

The ruling cited Sections 197 (1)(b) and 200 (1)(a) of the 1999 Constitution, stating that only non-partisan individuals and those with at least grade level 14 in the civil service are eligible for such roles. 

Despite these legal complications, KANSIEC is now set to proceed with the election as scheduled this weekend.

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