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Court reserves judgment on Kano LG polls | The Guardian Nigeria News

Court reserves judgment on Kano LG polls | The Guardian Nigeria News

Justice Simon Amobeda of the Federal High Court in Kano has reserved judgment on matters relating to the conduct of local government elections in Kano.

The All Progressives Congress (APC) has instituted two separate suits against the Kano State Independent Electoral Commission (KANSIEC), the Attorney General of Kano State and the Commissioner for Justice, KANSIEC Professor President Sani Lawan Malumfashi and the members of the commission that challenged the conduct of the survey. .

In the first suit, APC and one Abdullahi Tiga (plaintiffs) filed a motion for ex parte asking the court to restrain KANSIEC from proceeding with the preparation of conducting the council survey pending the hearing and the determination of its initial summons.

Justice Amobeda refused to grant the APC ex parte, the judge had ordered KANSIEC, Attorney General and 12 others to show cause why the plaintiffs motion should not be granted.

In the second suit, APC and Prince Abdullahi Abbas (plaintiffs) filed a motion with notice asking the court to determine whether KANSIEC is a revenue-generating government agency with the stipulated $9 million chairmanship and forms of ministry of N4 million.

The plaintiffs in the second case had also questioned the credibility of the KANSIEC commissioners and chairman to conduct fair and credible elections. The plaintiffs alleged their premises in the administration of NNPP.

When the matter resumed for hearing on Friday, counsel to the AG, Kano, Ridwan Umar, a lead counsel in the first suit, filed a preliminary objection challenging the jurisdiction of the court to entertain the matter.

Citing sections 84 and 150 of the Electoral Act, the senior counsel insisted that the Electoral Act does not empower the Federal High Court to hear the matter because it is not a pre-election matter.

On the second suit, Umar, who also represented the Attorney-General and the Commissioner for Justice, told the court that KANSIEC is empowered under Section 7 of its Act to charge applicants a non-refundable fee as a condition prior to the candidates participating in the demand. council election.

On KANSIEC membership, counsel insisted that the plaintiffs are legally barred from challenging the appointment, given the provision of the Public Servant Act that specifies three months to challenge any public appointment.

He said that the appointment of commissioners is more than three months.

The senior counsel, however, urged the court to take cognizance of the antics of the opposition party to strangle the process saying any attempt to heed the prayers of the plaintiffs would hamper a constitutionally guaranteed democratic process. He urged the court to dismiss the APC’s application.

In a counterargument, APC counsel Ismail Abdulazeez lashed out at the respondents’ position at the state bar, avoiding that his client was only concerned about the legality of his appointment.

He urged the court to consider and grant his prayers in the interest of justice and fairness.

Meanwhile, Justice, Amobeda had rejected applications by the New Nigerian Peoples Party (NNPP) and the Kano State House of Assembly to join the second suit as interested parties.

The presiding judge held that the attempt by the interested parties to join the suit would amount to an improper scheme to delay a smooth hearing of the matter.

Judge Amobeda, having sustained arguments on the applications, originating the summons and the counterclaims of the parties, reserves the decision on both matters at a later date.

The judge did not specify when the verdict would be handed down, but promised a speedy delivery of the matter.