Court Sacking Kano Electoral Commission: A New Vista to Credible LG Polls?

The Federal High Court sitting in Kano disqualifying the chairman and members of the Kano State Independent Electoral Commission, KANSIEC, from conducting local government elections in the state has opened a new vista for those who seek credible elections at the local government level.

The court ruled 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.

The judgement came barely four days before the Kano LG elections, scheduled for Saturday, October 26, 2024, and may have removed the notion that courts cannot interfere with the electoral process.

The court presided by Justice S.A Amobede gave the judgement in a suit filed by Aminu Aliyu Tiga, an All Progressives Congress, APC, member against KANSIEC, the state Attorney General and Commissioner for Justice, Barrister Haruna Isa Dederi, and 14 others.

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 ruled that “Kabir Zakirai, the Secretary of the Commission, not being an officer in the Kano State Civil Service not below the rank of Director before he is appointed Secretary of the Commission, is not qualified to be appointed to the position under Section 14 of the Kano State Independent Electoral Commission Law 2001”.

The origin of the problem with local government elections starts with the mode of the election of the members of the state independent electoral commissions. Often, partisan politicians are selected and screened by the State House of Assembly and appointed to such commissions.

Most times they are seen to tailor their activities to suit the incumbent government at the state level. This has made elections at the local government lose their credibility. This has heightened clamour for the establishment of a new electoral body to be known as the Independent Local Government Election Commission that will be charged with conducting elections at the third-tier level of government.

However, that will require a constitutional amendment which after its passage at the National Assembly will have to receive the blessings of two-thirds of the states of the federation to come to effect.