The Kano State High Court Number 15 has affirmed the Jurisdiction of KANSIEC to conduct Kano State Local Government Polls billed for Saturday 26th of October
In his Judgment, Justice Sanusi Ado averred that the Applicants have proven their case beyond reasonable doubt
It could be recall that, the KANSIEC approached the court seeking it to perpetually restrain the Defendants from obstructing the Local Government electoral process.
The Judge said the commission was established by the law and given her statutory mandate to conduct elections.
The Court has therefore ordered police to provide security during the exercise.
The latest judgement however contradicts an earlier order by Justice S.A Amobede of the Federal High Court sitting in Kano, barring the chairman and members of KANSIEC from holding offices in the commission.
Justice Amobede equally barred KANSIEC from conducting the local government elections in the state scheduled for Saturday, October 26.
The judge issued the order while delivering judgement on Tuesday, in a suit filed by Aminu Aliyu Tiga, a manner of the All Progressives Congress (APC) against KANSIEC, the state Attorney General and Commissioner for Justice, Barrister Haruna Isa Dederi, and 14 others.
The court held that the KANSIEC chairman and other members of the commission are card carrying members of the ruling New Nigeria Peoples Party (NNPP) and are not civil servants above grade level 14, therefore cannot hold offices in the commission.
According to him, “The defendants being card-carrying members of the New Nigeria People Party (NNPP) and in partisan politics contrary to the Section 197 (1) (b) and Section 200 (1) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 4 of the Kano State Independent Electoral Commission Law 2001, are not qualified to be the Chairman and Members of the of the Defendant, (KANSIEC).”
The judge further nullified all preparation plans already put in place by the commission towards the local government elections, declaring it as “null and void and of no effect whatsoever”.
“The defendants are forthwith disqualified and removed from their positions as chairman and members of the Commission” the judge held.
Justice Amobede therefore restrained the KANSIEC from conducting the local government elections in the state until qualified persons are appointed to head th the commission
He further directed the Police and other security agencies to forthwith ensure full compliance with the ruling.
Meanwhile, The Kano State Governor, Abba Kabir Yusuf has vowed that Saturday’s local government election must go on as planned.
The governor made this while presenting flags of the New Nigerian People’s Party (NNPP) to 44 chairmanship candidates in the council election.
The spokesman for the governor, Sanusi Bature Dawakin Tofa, in a statement said the presentation which was held at Sani Abacha Indoor Stadium on Thursday was attended by mammoth followers and supporters of the party.
The governor said that the state would not allow anybody to destabilise the existing peace being enjoyed by the citizenry, adding that the the state electoral body had all the constitutional backing to hold the election.
The statement quoted the governor saying “no one will stop the KANSIEC from holding the polls.”
He stressed that the government was ready to swear in the candidates declared winners by the electoral body and urged NNPP card-carrying members to go back to their respective wards and prepare well for the election.
