The Kano division of the Court of Appeal, sitting in Abuja, has reserved its judgment in five separate appeals challenging two rulings of the Federal High Court in Kano, which invalidated the composition of the Kano State Independent Electoral Commission (KANSIEC).
A three-man panel of justices, led by Justice Georgewill Ekanem, announced on Tuesday that it would communicate the judgment date to all involved parties after hearing arguments in the appeals.
Among the appeals is CA/KN/20/2025 filed by KANSIEC, with the Independent National Electoral Commission (INEC) and four others listed as respondents.
Others include CA/KN/233/2024 brought by the Kano State House of Assembly and another party against Honourable Aminu Aliyu Tiga and 14 others.
Also before the appellate court are CA/KN/290/2024, filed by the Attorney General of Kano State and six others against the All Progressives Congress (APC) and three others; and CA/KN/291/2024, brought by KANSIEC and eight others against the Kano State House of Assembly and six other respondents.
The appeals are against judgments delivered on October 22 and 24, 2024, by Justice Simon Ameboda of the Federal High Court in Kano.
In his October 22 ruling, Justice Ameboda halted the conduct of local government elections that were scheduled for October 26, 2024.
He nullified the composition of KANSIEC on the grounds that its members were unqualified due to their political affiliations.
The suit had been filed by Aminu Aliyu Tiga and the APC, challenging the legality of the appointments.
Justice Ameboda found that the KANSIEC chairman, Professor Sani Lawal Malumfashi, along with commissioners Muktar Garba Dandago, Isyaku Ibrahim Kunya, Kabiru Jibrin Zakirai, and Amina Inuwa Fagge, were all members of the New Nigeria People’s Party (NNPP), which contravenes sections 197(1)(b) and 200(1)(a) of the 1999 Constitution and Section 4 of the KANSIEC Law 2001.
The court further ruled that the secretary of the commission, Anas Muhammad Mustapha, was ineligible for his role as he was not a serving civil servant of director-level status in Kano State, as required under Section 14 of the KANSIEC Law 2001.
Justice Ameboda consequently declared the commission’s entire composition unlawful and ordered their immediate removal from office.
He also voided all actions taken by KANSIEC in preparation for the 2024 local government elections, including issuing guidelines, screening candidates, and selling nomination forms.
Furthermore, the judge instructed INEC to withdraw any election materials already provided to KANSIEC and to refrain from supplying any further materials until a properly constituted electoral body is in place.
He also directed the Nigeria Police, DSS, and NSCDC not to participate in or monitor the elections until KANSIEC is reconstituted in accordance with the relevant constitutional and legal provisions.
