The court of appeal in Abuja has overturned the judgment of a federal high court in Kano, which voided the composition of the Kano State Independent Electoral Commission (KASIEC) and halted LG polls in the state.
Delivering judgment in three different appeals on Friday, a three-member panel, led by Biobele Georgewill, held that the federal high court lacked the jurisdiction to entertain cases bordering on the composition of states’ electoral bodies and the qualification of members.
The appellate court allowed the three appeals filed by the Kano state attorney-general, the Kano state house of assembly and KASIEC.
The court also held that the appropriate court where the suit should have been filed was at the state high court.
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In its fourth judgment, the court of appeal reversed the judgment of the same federal high court, which rejected the list of candidates submitted to KANSIEC by the Musa Kwankwaso faction of the New Nigeria People’s Party (NNPP) for the last LG polls.
The court held that the subject of the case, which relates to the leadership dispute in NNPP and which list of candidates submitted by two factions of the party was authentic, was outside the jurisdiction of the court.
The court added that issues of party leadership and candidates’ nomination were not justiciable.
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BACKGROUND
Simon Amobeda, judge of a federal high court in Kano, had on October 22, 2024, restrained KANSIEC from conducting elections in the 44 LGAs.
The judge ruled that members of the electoral were card-carrying members of the ruling NNPP, in breach of sections 197 and 200 of the constitution.
Amobeda directed INEC not to release the national voters’ register for LG elections in the state.
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Additionally, he barred the police, Department of State Services (DSS), and other security agencies from providing support or protection for the polls.
