Court bars Kano electoral commission chair from conducting LG polls

A federal high court in Kano has restrained Sani Malumfashi, chair of Kano State Independent Electoral Commission (KANSIEC), from conducting the local government polls.

In a ruling on Tuesday, Simon Amobede, the presiding judge, said Malumfashi is “unqualified” to conduct the elections because “he is a card-carrying member of the New Nigeria Peoples Party (NNPP)”.

The case was filed by Aminu Tiga, a member of the All Progressives Congress (APC).

Tiga had told the court that Malumfashi,
Kabir Zakirai, secretary of the commission, and other members of KANSIEC are members of the NNPP and do not meet civil service grade requirements for their appointments.

He said the political membership is contrary to section 197 (1) (b) and section 200 (1) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Section 200 (1) of the 1999 constitution (as amended) states that: “No person shall be qualified for appointment as a member of any of the bodies aforesaid if – (a) he is not qualified or if he is disqualified for election as a member of a House of Assembly, provided that a member of any of the said bodies shall not be required to belong to a political party and, in the case of the State Independent Electoral Commission, he shall not be a member of a political party”.

Amobede ruled that Malumfashi, Zakirai, and other partisan members of the commission be removed from their positions ahead of the October 26 LG polls.

“Whatever the eighth defendant is doing in preparation of 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,” the judge ruled.

“That, the 8th to 14th defendants are forthwith disqualified and removed from their positions as chairman and members of the 1st defendant (KANSIEC).

“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 duly appointed.

“The 1st defendant cannot validly and competently conduct local government election 2024 in respect of 44 local governments in Kano state until and unless qualified persons are duly and legally appointed as chairman and members of the commission.”