Kano LG polls to proceed despite court ruling, assembly majority leader insists

Despite a Federal High Court ruling halting the local government elections in Kano, preparations for the polls continue, with the Kano State House of Assembly’s majority leader, Lawal Husseini Chediyar Yan Gurasa, affirming that the elections will proceed as scheduled.

The Federal High Court had dissolved the Kano State Independent Electoral Commission (KANSIEC) due to claims of partisanship. 

However, when Daily Trust visited the KANSIEC office on Wednesday, preparations were in full swing. 

Lists of ad hoc staff were posted, and prospective candidates were seen verifying their names. Hauwa Muhammad, an applicant from Dala Local Government Area, expressed her eagerness to contribute, stating that she needed the job.

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It was also observed that security at the KANSIEC office was tight, with police and Nigeria Security and Civil Defence Corps (NSCDC) operatives monitoring visitors closely.

Speaking to Daily Trust, Chediyar Yan Gurasa dismissed concerns about the election being halted. 

“Nothing will stop us from conducting the election. This judgment has not affected us because we already have an order from the Kano State High Court restraining 19 political parties from stopping the election,” he said. 

He added that the election would be conducted with or without police presence, insisting that patriotic citizens would protect the ballot boxes.

Daily Trust reports that his position is similar to what transpired during the Rivers State LG election when a court asked police not to provide security but the state government went ahead with the election regardless.

There is also speculation about a change in who will announce the results, with the commission’s chairman, Professor Sani Lawal Malumfashi, possibly being replaced for the task, depending on legal advice.

Kano-based legal practitioner, Abba Hikima, criticised the state government for allowing this legal situation to arise, noting that the Federal High Court has no jurisdiction over the appointment of KANSIEC members. 

“The subject matter is outside the stipulations of Section 251 of the constitution,” he said, blaming the government for creating loopholes that the opposition capitalised on.

However, another lawyer, Umar Danbaito, argued that KANSIEC should obey the court order or challenge it at the Court of Appeal, as it is settled law that court orders must be followed unless overturned by a higher court.

A political scientist, Professor Kamilu Sani Fagge from Bayero University Kano, warned that defying the court order could lead to further legal challenges, citing past incidents in Rivers State as a precedent. He also highlighted the risk of violence due to the absence of security personnel during the elections.