Justice Sanusi Ado Ma’Aji of a High Court in Kano State, on Friday, gave the go-ahead to the Kano State Independent Electoral Commission (KANSIEC), to proceed with the planned local government elections slated for Saturday
This was as the All progressives Congress (APC) has warned Governor Abba Kabir Yusuf to desist from taking any action that could lead to breakdown of law and order in the state.
Justice Ma’Aji, who gave the nod to the state electoral umpire, besides, ordered security agencies to provide cover to electorate willing to exercise their franchise in the LGs polls.
Delivering judgement in the suit marked: K/676/2024, the court held that the plaintiff is lawfully empowered to conduct the said poll, and accordingly restrained the respondents which included the 19 registered political parties in the state.
Besides the All Progressives Congress (APC), the remaining 18 political parties were absent and not represented in the suit filed by the KANSIEC.
Before directing security agencies to provide security to voters, the court held that by constitutional provisions, Electoral Act, Supreme Court judgements and the Kano State Local Government Electoral Law 2002 (as amended), the plaintiff has the power to organise, conduct, regulate and supervise local government elections in Kano State.
“That the provisions of Section 84 (14) and Section 150 of the Electoral Act 2022, the defendants/respondents has no power to stop and or truncate the plaintiff/applicant from performing its statutory duties to organise, conduct, regulate and supervise local government election in Kano State.
“That the plaintiff/applicant has the power to organise, conduct, regulate and supervise Local Government Election in Kano State by virtue of the Supreme Court decision in SC/CV/343/2024 between A. G. Federation Vs. A G, Abia & Others reported in L.P.E.L.R. 62576 (S.C) in compliance with the said judgement and avert the further Constitution of the Federal Republic of Nigeria 1999 (as amended).
“That by Section 3 (1) (2) of the Kano State Local Government Electoral Law 2002 (as amended), the Plaintiff/Applicant has the Power to organise, conduct, regulate and supervise Local Government Election in Kano State within a stipulated period of time,” Justice Ma’Aji held.
The court in addition held that the plaintiff has the power to issue guidelines and time tables for the conduct of the local government election in Kano State.
He subsequently made an order, “restraining the defendants/respondents from stopping the plaintiff/applicant from continue organising, preparing and conducting the Local Government Election in Kano State in compliance with all the Constitution of the Federal Republic of Nigeria as altered and all extant Laws and Regulations.
“It is incumbent of this court as the custodian of law and order to make orders that will preserve the peace and order being enjoyed in this state. It is clear that the Constitution of the Federal Republic of Nigeria 1999 (as amended) clearly vest the right to conduct the Local Government Election on the plaintiff/applicant and the plaintiff/applicant has fully prepared to hold Local Government Election tomorrow, the security agencies should as matter of interest in safeguard the security of the people provide adequate security for peaceful conduction of election throughout the Kano State.”
It would be recalled that Governor Yusuf at a rally held at the Sani Abacha Stadium openly told a crowd of supporters of the New Nigeria Peoples Party (NNPP) that nobody can stop the Kano State Independent Electoral Commission (KANSIEC) from conducting the local council elections holding on Saturday.
A Federal High Court sitting in Kano has on Tuesday restrained the Independent National Electoral Commission (INEC) from issuing voter’s register to KANSIEC while ordering the security agencies including police, Department of State Services (DSS) and Nigeria Security and Civil Defence Corps (NSCDC) from participating in the proposed election.
However, Kano APC Chairman, Abdullahi Abbas, in a statement issued on Friday said Yusuf’s incisive statement at a rally in the Kano metropolis on Thursday was unbecoming of someone who is supposed to be the chief security officer of the state.
He called on the state government to adhere to the directive of the Federal High Court in Kano presided over by Justice Simon Amobeda, which on Tuesday restrained KANSIEC from holding the council polls after sacking the chairman, secretary and commissioners of the agency.
The party noted that the call by the governor on NNPP supporters to ignore the court directive was a clear case of an invitation to anarchy and lawlessness.
Abbas noted: “The governor should simply respect the laws. As law-abiding citizens interested in the growth of our dear state of Kano, the governor should desist from any act that could throw the state into chaos. Inciting people to take the laws into their hands is not the hallmark of good leadership.”
But in another conflicting order, a Kano State High Court on Friday directed KANSIEC to proceed with the planned local government elections scheduled for Saturday
Justice Sanusi Ma’Aji declared that KANSIEC has the constitutional authority to conduct, supervise, and oversee local government elections across the 44 local government areas in the state. Justice Ma’Aji further stated that any efforts to obstruct the electoral process was invalid.
Alex Enumah and Adedayo Akinwale
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