Court of Appeal Reserves Judgment in Five Kano LG Election Appeals

A special panel of the Court of Appeal sitting in Abuja has reserved judgment in five separate but related appeals surrounding the contentious 2024 local government elections in Kano State, further intensifying legal uncertainty over the future of grassroots democracy in the state.

The appeals arose from multiple decisions delivered by the Federal High Court in Kano, most notably a ruling that nullified the composition of the Kano State Independent Electoral Commission (KANSIEC) and restrained it from conducting elections in the state’s 44 local government areas.

The appellate panel, led by Justice Georgewill Ekanem, heard arguments from counsel representing both appellants and respondents and announced that judgment would be delivered at a later date to be communicated to all parties.

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Focus Keyword: “Jurisdiction” at the Core of Legal Dispute

At the heart of the dispute is the question of jurisdiction—whether the Federal High Court has the authority to preside over matters concerning state electoral processes. Counsel for the Kano State House of Assembly and other appellants argued that the Federal High Court overstepped its bounds by entertaining a suit they believe falls within the exclusive purview of the Kano State High Court.

The panel is deliberating over five appeals, each raising different facets of the same legal battle:

• Appeal No. CA/KN/20/2025: Filed by KANSIEC against the Independent National Electoral Commission (INEC) and four other respondents.
• Appeal No. CA/KN/233/2024: Filed by the Kano State House of Assembly and another appellant, with Aminu Aliyu Tiga and 14 others listed as respondents.
• Appeal No. CA/KN/290/2024: Filed by the Attorney General of Kano State and six others against the All Progressives Congress (APC) and three other parties.
• Appeal No. CA/KN/291/2024: Filed by KANSIEC and eight others, with the Kano State House of Assembly and six other respondents.

In the particularly significant Appeal CA/KN/233/2024, Senior Advocate of Nigeria (SAN) Adegboyega Awomolo, appearing for the Kano State House of Assembly, called for the reversal of the Federal High Court judgment issued on October 22, 2024 by Justice Simon Amobeda. He contended that the lower court had no jurisdiction and that the matter brought before it was statute-barred, as it was filed outside the permitted legal timeframe.

Background: Federal High Court’s Controversial Ruling

The legal conflict originated from the judgment of Justice Amobeda, which effectively halted the 2024 local government elections in Kano State. The court ruled that KANSIEC’s leadership lacked the constitutional impartiality required to conduct elections, asserting that its members were card-carrying members of the New Nigeria Peoples Party (NNPP)—the ruling party in the state.

Citing Sections 197 and 200 of the 1999 Constitution, the court declared the appointment of partisan electoral officials as unconstitutional. Furthermore, it prohibited the INEC from providing the national voters’ register for the election and barred security agencies, including the police and the Department of State Services (DSS), from offering support or protection for the electoral process.

This landmark ruling set off a wave of political and legal reactions, with the Kano State Government, KANSIEC, and the State House of Assembly all filing separate appeals to challenge the decision.

Appellants Argue for State Autonomy in Electoral Matters

The appellants have argued that local government elections are matters strictly within the jurisdiction of state authorities, as provided by Nigeria’s constitutional framework. They contend that any legal challenges related to the composition or conduct of state electoral commissions must be brought before the State High Court, not the Federal High Court.

The appellants also emphasized that the ruling infringed upon the principle of separation of powers and undermined the autonomy of state institutions, particularly in matters related to grassroots governance.

Legal counsel for the Attorney General of Kano State, the State Assembly, and KANSIEC also stressed that the lower court ruling could set a dangerous precedent whereby federal institutions overstep their boundaries in state governance matters.

Awaiting a Landmark Decision

The reserved judgment by the Court of Appeal panel marks a critical juncture in the legal battle that could have far-reaching implications for electoral administration in Nigeria’s states. Depending on the ruling, the decision could either reinforce the authority of state governments to manage their electoral affairs or expand the oversight role of federal courts in state matters, particularly where constitutional violations are alleged.

Observers across political, legal, and civil society circles are closely monitoring the case, as it could shape future interpretations of the 1999 Constitution, especially around electoral neutrality, judicial jurisdiction, and the autonomy of state institutions.

As the Court of Appeal reserves judgment on the Kano local government election appeals, stakeholders await a ruling that could potentially redefine the boundaries of judicial and executive authority in Nigeria’s democratic framework. The decision will not only determine the fate of KANSIEC and the 2024 LG polls but also test the resilience of Nigeria’s constitutional democracy, especially in a politically sensitive state like Kano.