A Kano State High Court has ordered the Kano State Independent Electoral Commission (KANSIEC) to go ahead with Saturday’s local government election in the state.
Earlier, a court had for days ago, restraints the commission and the chairman, Kano State Independent Electoral Commission (KANSIEC), Prof Sani Malumfashi, from conducting the election.
But in a suit with file number K/6576/2024 before Hon Justice Sanusi Ado Ma’aji of the Kano High Court located in no 15 Miller Road Complex, Kano, dated 25th day of October, 2024 between KANSIEC and 19 political parties in the state, the court held that by Section 3 (1) (2) of the Kano State Local Government Electoral Law 2002 (as amended), the Plaintiff/Applicant has the Power to organize, conduct, regulate and supervise Local Government Election in Kano State within a stipulated period of time.
The judgment which was entered in favour of the applicant, KANSIEC, reads, “that by the virtue of Paragraphs 11 and 12 of the 2nd schedule and part IIB paragraph 3 and 4 of the 3 schedules of the Constitution of the Federal Republic of Nigeria 1999 (as amended) the Plaintiff/Applicant has the power to organize, conduct, regulate and supervise Local Government Section in Kano State
“That the provisions of Section 84 (14) and Section 150 of the Electoral Act 2022, the Defendants/Respondents has no power to stop and or truncate the Plaintiff/Applicant from performing its statutory duties to organize, conduct, regulate and supervise Local Government Election in Kano State.
“That the Plaintiff/Applicant has the Power to organize, conduct, regulate and supervise Local Government Election in Kano State by virtue of the Supreme Court decision in SC/CV/343/2024 between A. G. Federation Vs. A. G. Abia & Others reported in L.P.E.LR. 62576 (S.C) in compliance with the sald Judgment and avert the further Constitution of the Federal Republic of Nigeria 1999 (as amended).
“That by Section 3 (1) (2) of the Kano State Local Government Electoral Law 2002 (as amended), the Plaintiff/Applicant has the Power to organize, conduct, regulate and supervise Local Government Election in Kano State within a stipulated period of time.
“That the Plaintiff/Applicant has the Power to issue guidelines and time table for the conduct of the Local Government Election in Kano State.
“Order is hereby granted restraining the Defendants/Respondents from stopping the Plaintiff/Applicant from continuing organizing, preparing and conducting the Local Government Election in Kano State in compliance with all the Constitutions of the Federal Republic of Nigeria as altered and all extant Laws and Regulations.
“It is incumbent of this Court as the custodian of Law and Order to make Orders that will preserve the Peace and Order being enjoyed in this state. It is clear that the Constitution of the Federal Republic of Nigeria 1999 (as amended) clearly vest the right to conduct the Local Government Election on the Plaintiff/Applicant and the Plaintiff/Applicant has fully prepared to hold Local Government Election tomorrow, the Security Agencies should as matter of interest in safeguard the security of the people provide adequate security for peaceful conduction of election throughout the Kano State,” with this ruling, KANSIEC said they are going ahead with there preparations to conduct the local government elections.
The order of the court came after the court heard Mr Rilwanu Umar SAN who appeared with Mr R Yaura Esq., Mr. M. Oseini Esq., Mr. M. Abdullahi Esq and Mrs. Aisha A. Bala Esq and Miss H. Dafi Esq.
Also, for the Plaintiff/Applicant, Sunday Olowomoran Esq, appeared with Mr Nura Adamu Esq. Mr. Aminu ALhassan Esq., Mr. J. Isaikpobegne Esq. Mr Adamu Muhd Esq. and Mr. Abubakar Haruna Esq for the 7th Defendant/Respondent. Mr. Abubakar Uba Sani Esq. for the 15th Defendant.
The 1st, 2nd, 3rd, 4th, 5th, 6th, 8th, 9th, 10th, 11, 12, 13, 14th, 16th, 17th, 18th & 19th Defendants/Respondents were absent and unrepresented.