A Federal High Court sitting in Kano has disqualified Professor Sani Lawan Malumfashi from serving as the Chairman of the Kano State Independent Electoral Commission (KANSIEC) due to his membership in a political party.
The court’s decision came on Tuesday, following a suit filed by Aminu Aliyu Tiga and the All Progressives Congress (APC).
Presiding over the case, Justice Simon Amobeda ruled that Malumfashi, being a card-carrying member of a political party, violated the provisions of the Nigerian Constitution.
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The defendants in the case included KANSIEC, the Kano State House of Assembly, the Attorney General of Kano State, INEC, and various security agencies, as well as individuals such as Anas Muhammad Mustapha, Mukhtar Garba Dandago, Isyaku Ibrahim Kunya, Kabir Jibril Zakirai, and Amina Inuwa Fagge.
The court found that the 9th to 14th defendants, who were members of the New Nigeria People’s Party (NNPP), were engaged in partisan politics. This contravened Section 197 (1) (b) and Section 200 (1) (a) of the 1999 Constitution of the Federal Republic of Nigeria, as well as Section 4 of the Kano State Independent Electoral Commission Law of 2001. As a result, they were deemed unfit to serve as the chairman and members of KANSIEC.
The court further ruled that the 9th defendant, not being an officer of the Kano State Civil Service below the rank of director before his appointment as KANSIEC Secretary, was unqualified for the position in line with Section 14 of the Kano State Independent Electoral Commission Law of 2001.
Justice Amobeda declared that the current composition of KANSIEC was in violation of constitutional provisions, rendering the commission incompetent to conduct the 2024 local government elections in Kano State.
He ordered that the elections be postponed until individuals who meet the legal requirements are appointed as the chairman and members of the commission.
