A Federal High Court in Kano has removed Prof. Sani Malumfashi from his position as Chairman of the Kano State Independent Electoral Commission (KANSIEC) due to his affiliation with a political party, just four days ahead of the Kano Local Government Areas election.
The ruling, delivered by Justice Simon Amobeda on Tuesday, was in response to a suit filed by Aminu Aliyu Tiga and the All Progressives Congress (APC).
The defendants in the case included the Kano State Independent Electoral Commission, Kano State House of Assembly, the state’s Attorney General, the Independent National Electoral Commission (INEC), and various other state security agencies.
Justice Amobeda ruled that Prof. Malumfashi, along with several other members of KANSIEC, were disqualified from holding their positions due to their active involvement in partisan politics, which violates Section 197(1)(b) and Section 200(1)(a) of the 1999 Constitution, as well as Section 4 of the Kano State Independent Electoral Commission Law of 2001.
“The 9th to 14th defendants, being card-carrying members of the New Nigeria People’s Party (NNPP), are unfit to serve as chairman and members of the first defendant,” the judge declared.
He also ordered KANSIEC to halt preparations for the October 26, 2024 local government elections until qualified individuals are appointed.
The court ruled that any actions taken by KANSIEC in preparation for the upcoming election, including the issuance of guidelines, screening of candidates, and sale of nomination forms, were null and void.
The commission has been restrained from conducting the election across Kano’s 44 local governments unless it complies with the legal requirements for appointing non-partisan members.
In addition, the court directed INEC not to provide KANSIEC with any electoral materials, including the voters’ register, until the commission’s leadership is lawfully constituted.
If materials have already been issued, INEC must retrieve them and withhold them until KANSIEC meets the constitutional provisions.
This ruling comes just days before the scheduled election, casting uncertainty on whether the polls will proceed as planned.
