By Damilare Adeleye
The local government elections scheduled to hold today (Saturday, October 26) in Kano State is currently being marred by uncertainty birthed by conflicting court orders, Sparklight News can report.
While eligible voters in Kano are ordinarily supposed to take to their respective polling units to decide the fate of those aspiring to clinch the 44 local government chairmanship and 484 councillorship positions in the state, prior legal actions have thrown the exercise into confusion.
On Tuesday, October 22, a Federal High Court sitting in Kano stopped the Chairman of the Kano State Independent Electoral Commission (KANSIEC), Prof. Sani Malumfashi, from conducting the local government polls.
Justice S.A Amobede, who sacked KANSIEC chairman for allegedly being a card-carrying member of the ruling New Nigeria People’s Party, also held that Kabir Zakirai, the Secretary of the commission, was not a civil servant and therefore not an officer in the Kano State Civil Service.
The case, filed by one Aminu Tiga and the All Progressive Congress (APC), had Kano State Attorney General and Commissioner of Justice, Haruna Dederi, and 14 others as defendants.The judge held that Zakirai was not qualified to be appointed to the position under section 14 of the Kano State Independent Electoral Commission Law 2001.
“Whatever the eighth defendant is doing in preparation for the 2024 Local Government Election in Kano State such as issuance of election guidelines, circulars, screening of candidates, sale of nomination and expression interest forms whichever and howsoever are null and void and of no effect whatsoever.
“That, the 8th to 14th defendants are forthwith disqualified and removed from their positions as chairman and members of the 1 defendant.
“That they are forthwith restrained from conducting the 2024 Local Government Election in respect of 44 Local Governments in Kano State until and unless qualified persons are dully appointed,” the judge declared.
Meanwhile, on Friday, October 25, the Kano State High Court directed KANSIEC to proceed with the local government elections scheduled for Saturday.
Justice Sanusi Ma’aji, who nullified all attempts by political parties to stop the exercise, ruled that KANSIEC is empowered by the Constitution to conduct, supervise, and oversee local government elections across the 44 local government areas (LGAs) in Kano State.
Ruling in the case brought by KANSIEC against the All Progressives Congress (APC) and 13 other political parties, Justice Ma’aji emphasised that any effort to obstruct the process would be deemed null and void.
“KANSIEC, under the provisions of the Constitution, is mandated to hold elections in the state. Any attempt to truncate this process is a nullity,” the judge ruled.
Barely hours after the verdict, the Federal High Court nullified the candidacy of all 44 chairmanship and 484 councillorship candidates of the New Nigeria Peoples Party (NNPP).
The ruling was delivered on Friday by same Justice S.A Amobede following a case filed by Engineer Muhammad Babayo and a faction of the NNPP against the party’s leadership.
Justice Amobeda ruled that the Kano State Independent Electoral Commission (KANSIEC) should accept a new list of candidates submitted by the faction led by the ‘recognised’ State Chairman, Dalhatu Shehu Usman, in accordance with the party’s constitution.
“The defendant is hereby restrained from releasing the voters register for the 2nd Defendant to conduct the proposed election on 26th October 2024,” the judge declared.
He further instructed that KANSIEC must recognize the list of candidates submitted by the plaintiffs.
The court also barred security agencies from providing protection at the polling units if the election goes ahead without the updated candidate list.
“The 2nd Defendant is hereby directed to accept as genuine and subsisting the list of NNPP candidates submitted to it by the recognized State Chairman, Dalhatu Shehu Usman,” the judge ruled, adding that “any other list submitted for the 2024 Local Government Election in Kano State should be rejected.”
The latest judgment has thrown the local government elections into further controversy.
It was understood that Governor Abba Kabir Yusuf of Kano State was elected on the platform of NNPP during the 2023 governorship elections.
Speaking on the backdrop of earlier verdict by Justice S.A Amobede of the Federal High Court, the governor declared that “no retreat, no surrender” over the planned poll.
Governor Yusuf made the assertion on Thursday evening while presenting NNPP flags to the 44 chairmen and councillor contestants.
The governor stated that the state would not allow anybody to destabilise the existing peace being enjoyed by the citizenry, adding that the state government and Kano State Independent Electoral Commission (KANSIEC) have all the constitutional backing to hold the election.
“No one will stop KANSIEC from holding the polls on Saturday,” the governor was quoted as saying.
Meanwhile, ahead of the elections, Kano State government, on Friday, imposed a movement restriction across the state.
The restriction, starting from midnight to 6 p.m. on election day, aims to ensure a peaceful and orderly conduct of the polls.
The state Commissioner for Information, Baba Dantiye, said, in a statement made available to newsmen, that the precautionary were expected to measure guarantee the safety of lives and property during the elections.
“Only essential services personnel, including election officials, security personnel, and accredited journalists, are exempt from the restriction.
“The government urges the public to comply with the directive and cooperate with security agencies.
“Residents are encouraged to exercise their civic rights peacefully and avoid disrupting the election.
“Security agencies are on high alert across the 44 local government areas, with checkpoints established to monitor compliance,” he said.
On his part, Prof Lawal Malumfashi, Chairman of Kano State Independent Electoral Commission (KANSIEC), assured citizens of the commission’s readiness to conduct a credible election, urging voters to come out and cast their votes.
Malumfashi named the political parties participating in the council election as Action Alliance, and Zenith Labour Party, New Nigeria People’s Party, among others.
“We are fully prepared to conduct free, fair and credible elections across the 44 Local Government Areas in the state,” he said.