Kano, Nigeria – The All Progressives Congress (APC) in Kano State has approached the Federal High Court, seeking to halt the local government election scheduled for October 26, 2024.
The party filed the suit against the Kano State Independent Electoral Commission (KANSIEC) and other defendants, requesting an order to stop the Independent National Electoral Commission (INEC) from releasing the voter register and other election materials for the upcoming poll.
The suit was initiated by the APC and its Chairman, Abdullahi Abbas, through their legal counsel, Ismail Abdulaziz. The APC’s application also seeks an interlocutory injunction to restrain KANSIEC from continuing the election process until the court decides on the matter.
Defendants named in the suit include the Kano State Attorney General, INEC, the Attorney General of the Federation, KANSIEC Chairman Sani Lawan, and other members of the electoral commission.
Key Arguments from APC
In the filing, Abdulaziz argued that the court should interpret relevant provisions of the Constitution and KANSIEC guidelines to determine whether KANSIEC is functioning as a revenue-generating body. He highlighted the commission’s high fees for candidates—N9 million for chairmanship aspirants and N4 million for councillorship candidates—as a significant concern.
The APC’s counsel further questioned KANSIEC’s ability to conduct free and fair elections, citing the current composition of the commission. The party is seeking a court ruling to clarify these issues before the election can proceed.
Additionally, the APC has requested that INEC refrain from providing the voter register and other election materials to KANSIEC until the commission complies with constitutional requirements.
Kano State Government’s Response
Representatives for the Kano State government, Rilwanu Umar (SAN), and the Kano State House of Assembly, Bashir Yusuf, have filed preliminary objections, challenging the Federal High Court’s jurisdiction over matters related to KANSIEC.
According to the state’s legal team, only the Kano State High Court and the state Assembly have the authority to address issues concerning KANSIEC’s regulations, not a federal court.
Court’s Position and Next Steps
During a hearing presided over by Justice Simon Amobeda, the court acknowledged the objections and adjourned the matter to October 11, 2024, for further deliberation, allowing all parties to file their responses.
Justice Amobeda initially declined to grant an immediate injunction but emphasized that the defendants must provide convincing reasons why the relief sought by the APC should not be granted.
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