From Godwin Tsa, Abuja and Desmond Mgboh, Kano
The Abuja Division of the Court of Appeal has overturned the judgment of the Federal High Court in Kano that voided the composition of the Kano State Independent Electoral Commission (KASIEC) and the local government elections conducted in October 26, 2024.
A three-member panel of the appellate court led by Justice Biobele Abraham Georgewill unanimously held that the trial court lacked the jurisdiction to adjudicate on matters bordering on the composition of states’ electoral bodies and the qualification of members of same.
The All Progressives Congress (APC) had instituted a suit before the Kano Division of the Federal High Court, seeking to stop the elections based on allegations that the Chairman of the Kano State Independent Electoral Commission, Prof Sani Malumfashi and some commissioners were card-carrying members of the ruling NNPP.
In his judgment, Justice Simon Amobeda ruled in their favour and ordered a halt to the polls, but the elections were conducted regardless.
However, the Court of Appeal in its judgment on Friday, allowed the three appeals filed by the Kano State Attorney General, the Kano State House of Assembly and KASIEC and struck out the suits filed before the Federal High Court (from which the judgment was derived) for want of jurisdiction.
It said the proper court with the required jurisdiction is the High Court of Kano State.
In its fourth judgment on Friday, the Court of Appeal also reversed another judgment delivered by the same Federal High Court in Kano rejecting the list of candidates submitted to KANSIEC by the Musa Kwakwanso faction of the New Nigeria People’s Party (NNPP) for the last local government election in Kano State.
The court held that the subject of case, which related to the leadership dispute in NNPP and which list of candidates submitted by two factions of the party was authentic, were outside the jurisdiction of the court.
It added that issues of party leadership and candidates’ nomination were not justiciable.