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2023 election: Northern states Civil Society Networks rate INEC low
The Conference of Northern States Civil Society Networks has said the Independent National Electoral Commission (INEC) performed below expectation in the last presidential and National Assembly elections across the country.
KANO FOCUS reports that they tasked the electoral umpire to brace up to the challenges and perform better during Saturday’s governorship and state Assembly elections in Nigeria.
The Conference regretted that most Nigerians were not satisfied after the conduct of February 25 elections by INEC.
Addressing Journalists at Tahir Guest Palace, Kano, Chairman of the Conference, Ambassador Ibrahim A. Waiya stated that, “the presidential and National Assembly elections conducted on the 25th February by INEC has fallen short of the standard of all elections practices and ethics.”
According to him, “INEC has raised so much credibility question on its name and created doubt on the minds of Nigerians regarding INEC preparedness to conduct free, fair, credible and acceptable elections in Nigeria.”
He, however, expressed happiness that, “timely distribution of electoral materials especially to LGAs offices were really commendable. Quick responses to BVAS issues on the election day were also impressive. The Election was on a general assessment peaceful.
“The Nigerian security agencies like EFCC, DSS, NDLEA, NSCDC, Nigeria Police Force had performed wonderfully well in ensuring peaceful polls during presidential and national Assembly elections, and that they would continue with the work in the next elections.”
Waiya said it was unfortunate that, “the elections were highly polarized along religion and ethnicity.”
The Conference noted that, “compliance with the provisions of Electoral Act 2022 must be observed to ensure electoral credibility in Nigeria.
“Electoral offenders of any kind must be punished under the laws of the country to discourage others from perpetrating electoral offences again in Nigeria.
“Those found in the act of intimidating and suppressing voters at polling units must be made to face the wrath of the law no matter how highly placed they are.
“The impunity of the state governors during elections must be addressed to checkmate their overbearing interference in elections.
“It is imperative for INEC to review all evidence of electoral malpractices presented before the commission in the interest of peace and security as political party and party processes must be reformed to tackle issues of money bags and Godfatherism in Nigeria’s politics. Where the political parties fail to get it right, it is absolutely impossible for Nigeria to get its general election right.
“Issue-based campaigns must be encouraged rather than identity sentiment along religion and ethnicity
EFCC should continue with their good work to reduce the commercialization of the electoral process through vote buying and selling.”
Waiya regretted that, “the conduct of the 2023 Presidential and National Assembly elections were poor, especially with the attitude of the commission to ditch result transmission from polling units across the country.
“This singular act has given room for suspicion of human interference and manipulation of results and could prune the will of the people as freely expressed at the poll.”
Further speaking during the Press Conference entitled: “The Conduct of Elections and the question of integrity,” Waiya said: “The 25th February, 2023 Presidential and National Assembly elections had keenly generated a lot of attention from within and outside the country.
“However, this may not be unconnected on how Nigeria is strategically positioned as the largest democracy in Africa.
“Many organizations both local and international had passionately observed the conduct of the elections, especially the local organizations who have been on ground and have been following the trend since the release of the elections timetable.
“Many civil society organizations had observed the conduct of the elections across the 774 Local Government Areas in the country.
“While in some states there were other complementary efforts such as hosting of the election situation room which were focused on data collation and analysis, as well as quick response mechanism to address emerging issues such as what was obtained in Kano State
“Although there were many assurances from the Independent National Electoral Commission before the conduct of the elections, on its preparedness to conduct free, fair, credible and transparent elections.
“Unfortunately, what was witnessed during the conduct of the presidential elections on the 25th Feb. fell below the high expectation of the Nigerians, who had have the high hope more than before, to witness a historic elections in the country. This could be evidently justified by the number of Nigerians that registered as voters numbering to more than eighty five million, all as eligible voters who could participate in the elections.
“It is however unfortunate that, the number of Nigerians that participated in the last elections of 25th Feb. were apparently not happy with the outcome of the elections especially as the elections were massively characterized by many irregularities. Although some of the shortcomings that marred the conduct of the elections, could be summarized into pre, during and post elections.
“The undemocratic tendencies played out during the pre-election phase, which bordered on lack of internal democracy in the political parties processes that produced the candidates of major parties, had an over spelling effects on the conduct of the general election.
“For instance, the commercialization of the party elections that produced candidates at the primaries, had institutionalized vote-buying which eventually translated and resurfaced in the general election. In addition to the above, the violence that also accompanied the campaign activities which were turned bloody in some states, such as Kano, and some other parts of the country.
“These ugly practices therefore transcended into mass electoral violence in a number of places during the presidential election.”
Nasiru Yusuf Ibrahim
The Kano State Governor, Abba Kabir Yusuf is set to flag-off the distribution of school uniforms for Primary 1 pupils across the state on Monday 13th January 2025 as part of the administration’s commitment to addressing the problem of out-of-school children in the state.
KANO FOCUS reports that an estimated number of over 789,000 male and female pupils in 7,092 public schools across the 44 Local Government Areas in the state are to receive sets of uniforms under the program.
A statement sent to KANO FOCUS on Sunday by commissioner of information Comrade Ibrahim Waiya said the initiative is aimed at promoting school enrollment and ensuring that every child of school age is given the opportunity to access quality education, thereby reducing the number of out-of-school children in the state.
The statement added that in addition, the gesture will support indigent parents who may face financial challenges in meeting the educational needs of their children and further demonstrates that education remains the cornerstone of the Abba Kabir Yusuf administration’s agenda for even development across the state.
“By prioritizing the needs of young learners, the government seeks to empower the next generation with the tools they need to succeed and contribute positively to society.
“The official launch event will take place by 1:00 pm at the Coronation Hall, Government House, Kano, with Governor Abba Kabir Yusuf personally overseeing the distribution process,” the statement concluded.
Nasiru Yusuf Ibrahim
The Kano state governent has urged all relevant individuals and bodies within and outside Nigeria, to abide with the recent ruling of the Federal Court of Appeal in respect of the ongoing litigation which the reinstatement of Muhammadu Sanusi, as the 16th Emir of Kano.
KANO FOCUS reports that the position of the Governor Abba Yusuf led administration on the recent ruling was made known Saturday, by Isa Dederi, Kano commissioner for justice, and attorney ‘General, held at a world press conference held at the NUJ Press Centre, in Kano.
The commissioner said: “On behalf of the Kano State Government, we express our profound satisfaction with the Judgment delivered by the Court of Appeal, Abuja Division, regarding the Emirate Council matter involving His Highness Khalifa Muhammadu Sanusi II and other parties.
“The verdict overturns earlier decisions by the Federal High Court and validates the government’s lawful actions regarding the chieftaincy appointments and reforms in the state’s traditional institutions.
“This ruling reaffirms the government’s commitment to justice, fairness, and adherence to due process in our efforts to modernize traditional structures while preserving the cultural heritage of Kano State. The judgment further clarifies the rightful jurisdiction over chieftaincy matters, underscoring the constitutional boundaries of the courts in such affairs.
“The decision by the appellate court to void previous Judgments that questioned the state’s lawful appointments underscores the correctness of our actions and strengthens our resolve to continue reforms for equitable representation and inclusive governance.
“For the avoidance of doubt, all decisions, pronouncements, and orders made by the Federal High Court Kano have been quashed and set aside by the Court of Appeal. Furthermore, the law enacted by the Kano state House of Assembly relating to Emirates and all actions taken by His Excellency, the Executive Governor of Kano State pursuant to that law have been fully upheld and legalized by the Court of Appeal. Therefore, in strict adherence to the rule of law and in defense of democracy, all public and private institutions, as well as individuals, are required to comply with the Court of Appeal decision and act accordingly to give full effect to the Judgment.
“We extend our appreciation to the Judiciary for upholding the principles of Justice and fairness. The Kano State Government remains committed to working with traditional institutions, ensuring harmony, and fostering development across all emirates.
“We urge all parties to respect the court’s Judgment and join hands with the government to promote peace, unity, and progress in our beloved state. Let us continue to prioritize the collective good of Kano State above all individual interests.”
Nasiru Yusuf Ibrahim
The Court of Appeal in Kano has set aside the June 20 order by Justice Abubakar Liman of the Federal High Court, Kano, nullifying the steps/actions taken by the Kano State Government pursuant to the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
KANO FOCUS reports that a three-member panel of the Court of Appeal, Kano, which sat in Abuja, held that the order nullifying the steps taken by the Kano State Government pursuant to the 2024 Emirates Council Law was made by Justice Liman without jurisdiction.
The appellate court found that the fundamental rights enforcement suit filed by an aggrieved king maker – Alhaji Aminu Babba Dan Agundi – on which basis Justice Liman issued the June 20 order, was not only invalid, the Federal High Court lacked the jurisdiction to hear it
The judgment was on an appeal by the Kano State House of Assembly and it’s Speaker marked: CA/KN/140/2024 against Agundi and others.
The appeal was against the the June 20 ruling by Justice Liman, nullifying every step taken by the state government and other respondents pursuant to the new law.
The Kano State House of Assembly enacted the Kano State Emirate Council (Repeal) Law 2024 on May 23 last year, which the state governor assented to on the same date. The law repealed the Kano State Emirates Council Law (2019).
Pursuant to the new law, the Kano State Government among others, sacked Aminu Ado Bayero as Kano Emir, reinstated Sanusi as Emir and reversed the creation of five new Emirates by the preceding administration of Umar Ganduje.
Aggrieved by the law, Agundi filed his fundamental rights enforcement suit on th same May 23, 2024, following which Justice Liman issued an order, directing parties to maintain status quo pending the determination of the suit ante the passage of the new Emirates Council law.
In his June 20 ruling, Justice Liman voided all the steps taken by the Kano State Government pursuant to the 2024 Emirate Council Law on the grounds that they were taken in violation of his earlier order made on May 23, 2024 directing parties, in Agundi’s fundamental rights suit, to maintain status quo ante.
In the lead judgment of the Court of Appeal, Justice Gabriel Kolawole, held the foundation upon which Justice Liman based
the June 20 annulment order was based on the wrong assumption that the Federal High Court has jurisdiction to hear the substantive suit, which it actually did not have.
Justice Kolawole noted that matters concerning the validity of state laws and the regulation of traditional/chieftaincy institutions, which Agundi’s case was all about, do not fall within the exclusive jurisdiction of the Federal High Court, rather they fall squarely within the jurisdiction of state High Court.
He added: “Having held that the Federal High Court lacked the jurisdiction, it necessary follows that any order made by the trial court including the annulment of the steps and actions taken by the appellants and others on grounds of disobedience of the order of the lower court has become null and void.
“A court that lacks the jurisdiction to entertain a substantive matter also lacks the competence to make any order or grant any relief in respect of that matter.
“The annulment order made by the trial court, which is the subject of this appeal, is not sustainable because the said order was made by a court that lacked the jurisdiction to entertain the substantive suit.
“In view of the above, the order made by the Federal High Court, Kano judicial division by Justice A. M. Liman (now JCA) in suit number: FHC/KN/182/2024, which order was handed down on the 20th of June 2024 nullifying all step’s and actions taken by the appellants and others in pursuant of the Kano State Emirates Council (Repeal) Law 2024 is hereby nullified and accordingly, set aside,” Justice Kolawole said.
Justices Mohammed Mustapha and Abdu Dogo, who were also on the panel agreed with Justice Kolawole’s findings and some orders made, but disagreed with him on his order that the suit by Agundi, marked: FHC/KN/182/2024 be remitted back to the Chief Judge of the HIgh Court of Kano State to be heard on its merit.
Justices Mustapha and Dogo were of the view that remitting the case to the High Court of Kano for hearing was a waste of judicial time because the case itself was not initiated by due process of law in that it did not relates to any fundamental rights guaranteed under Chapter 4 of the Constitution or the African Charter on Human and People’s Rights.
In an earlier judgment, Justice Kolawole faulted the June 13 ruling by Justice Liman in which he (Liman) held that his court has the jurisdiction to hear the fundamental rights enforcement suit filed by Agundi.
The appeal, marked: CA/KN/126/2924 was also filed by the Kano House of Assembly and the Speaker against the June 13, 2024 ruling by Justice Liman, assuming jurisdiction over Agundi’s suit.
Justice Kolawole noted that the reason given by the trial court to assume jurisdiction was fundamentally flawed.
He found that the claims brought before the trial court relate to chieftaincy issue and not the interpretation of the Kano Emirate laws, issues fall within the jurisdictional competence of the High Court of Kano State.
The judge said the Federal High Court could only examine the legitimacy of any law enacted by a State House of Assembly on grounds of constitutional inconsistency, that it is not consistent with the Constitution, which is the grund norm.
Justice Kolawole awarded a cost of N500,000 in favour of the appellants and against Agundi.
Justices Mustapha and Dogo agreed with the lead judgment, but also disagreed with Justice Kolawole’s order that the suit by Agundi, marked: FHC/KN/182/2024 be remitted back to the Chief Judge of the HIgh Court of Kano State to be heard on its merit.
They instead, issued an order striking out the suit.
In the judgment on the appeals by Aminu Ado Bayero, marked: CA/KN/200/2024 and CA/KN/200A/2024, the Court of Appeal found that the High Court of Kano State denied Bayero fair hearing in its hearing and determination of a case filed by the state government to enforce the new law.
In the lead judgment, Justice Mustapha held that the trial court did not only fail to issue hearing notice to the appellant (Bayero) after the withdrawal of his lawyer, it proceeded to strike out the court documents files by the appellant “on the nebulous grounds that they had been abandoned.
He proceeded to hold that the proceedings conducted on July 4, 2024 by Justice Amina Adamu Aliyu of the High Court of Kano State and the judgment delivered of the July 15 are a nullity for having breached the appellant’s right to fair hearing.
Justice Mustapha ordered that the case in respect of which the appeals were filed should be remitted back to the Chief Judge of the High Court of Kano State to be heard by another judge.
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