Friday May 30, 2025|
The Court of Appeal has delivered a decisive ruling restoring the legitimacy of the Kano State local government elections held on October 26, 2024, effectively overturning the Federal High Court’s earlier decision which nullified the polls and disbanded the Kano State Independent Electoral Commission (KANSIEC).
A three-member panel, led by Justice Biobele Abraham Georgewill, delivered a trio of unanimous judgments on Friday, May 30, faulting the Federal High Court’s assumption of jurisdiction over matters concerning the composition of state electoral bodies—issues which, the Appeal Court ruled, fall squarely within the jurisdiction of state high courts.
The appellate court allowed three separate appeals filed by the Kano State Attorney General, the Kano State House of Assembly, and KANSIEC.
It struck out the original suits brought by the All Progressives Congress (APC) and other parties at the Federal High Court, citing a lack of jurisdiction.
In a significant legal interpretation, Justice Abubakar Mahmud Talba—who authored the lead judgment in appeal number CA/KN/290/2024—held that Justice Simon Ameboda erred in entertaining the suit filed by the APC and its state chairman, Abdullahi Abbas.
The suit had challenged the composition of KANSIEC, alleging it was stacked with NNPP loyalists.
Justice Talba ruled that the claims regarding the qualifications and appointments of KANSIEC members were not within the purview of the Federal High Court and should have been brought before the High Court of Kano State.
The other two appeals—CA/KN/291/2024 and CA/KN/233/2024—received similar treatment. Justice Georgewill, who also presided over these appeals, echoed Talba’s position, reiterating that the Federal High Court lacked the authority to adjudicate the original claims.
In a separate but related judgment, the Appeal Court also invalidated a Federal High Court ruling from October 24, 2024, which had rejected a list of candidates submitted by the Musa Kwankwaso-led faction of the New Nigeria People’s Party (NNPP) for the same local government election.
Justice Oyejoju Oyebiola Oyewumi, who delivered the lead judgment in that case (CA/KN/20/2025), clarified that the issue stemmed from an internal leadership tussle within the NNPP and was, therefore, beyond the Federal High Court’s jurisdiction.
According to her, the core of the matter—determining the authentic list of candidates—would require the court to decide on the legitimate leadership of the party, a political question that the judiciary is not equipped to resolve.
“No court can compel an electoral commission to accept the candidate list of one party faction over another,” Justice Oyewumi stated, emphasizing that such disputes are internal affairs of political parties and should be resolved through mechanisms enshrined in party constitutions.
With this series of rulings, the Appeal Court has not only reinstated the validity of the Kano LG elections but also reaffirmed the judicial boundaries concerning political party conflicts and state electoral bodies.
Appeal Court Reinstates Kano LG Polls, Overturns Federal High Court’s Verdict
