A jurisdictional dispute over the conduct of local government elections in Kano State has been resolved by the Court of Appeal, which on Friday ruled that the Federal High Court overstepped its authority by intervening in matters reserved for state electoral commissions. The appellate decision effectively nullifies earlier orders that sought to halt the October 2024 council polls conducted by the Kano State Independent Electoral Commission (KANSIEC).
The Report:
The Court of Appeal has nullified the decision of a Federal High Court in Kano that restrained the Kano State Independent Electoral Commission (KANSIEC) from conducting local government elections in October 2024.
The appellate court ruled that the Federal High Court lacked the constitutional jurisdiction to hear a case involving the conduct of state-level local government polls, stating that such matters are exclusively within the domain of state authorities.
Delivering the judgment, the Court of Appeal declared that all orders previously issued by Justice Simon Amobeda concerning KANSIEC were set aside. Abdulkarim Maude, counsel to the appellants, confirmed that this effectively restores the state electoral commission’s authority over the disputed elections.
“Setting aside the judgment of the lower court means that all the orders made by Justice Amobeda concerning KANSIEC are nullified.”
— Abdulkarim Maude, Appellants’ Counsel
Background:
Justice Amobeda had, on October 22, 2024, barred KANSIEC from conducting the scheduled October 26 council polls, ruling that the composition of the commission violated the Constitution as its chairman and members were card-carrying members of the New Nigeria Peoples Party (NNPP).
The judgment had cited Section 197(1)(b) and Section 200(1)(a) of the 1999 Constitution and Section 4(b) of the Kano State Electoral Law, which disallow partisan electoral officials.
However, KANSIEC obtained a counter-order from a Kano State High Court allowing the election to proceed. The All Progressives Congress (APC) later challenged the poll’s outcome at the same Federal High Court, alleging procedural illegality and seeking an order to stop federal allocations to the affected local councils.
