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Kano LG polls to proceed despite court ruling, assembly majority leader insists

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Despite a Federal High Court ruling halting the local government elections in Kano, preparations for the polls continue, with the Kano State House of Assembly’s majority leader, Lawal Husseini Chediyar Yan Gurasa, affirming that the elections will proceed as scheduled.

The Federal High Court had dissolved the Kano State Independent Electoral Commission (KANSIEC) due to claims of partisanship.

However, when Daily Trust visited the KANSIEC office on Wednesday, preparations were in full swing.

Lists of ad hoc staff were posted, and prospective candidates were seen verifying their names. Hauwa Muhammad, an applicant from Dala Local Government Area, expressed her eagerness to contribute, stating that she needed the job.

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It was also observed that security at the KANSIEC office was tight, with police and Nigeria Security and Civil Defence Corps (NSCDC) operatives monitoring visitors closely.

Speaking to Daily Trust, Chediyar Yan Gurasa dismissed concerns about the election being halted.

“Nothing will stop us from conducting the election. This judgment has not affected us because we already have an order from the Kano State High Court restraining 19 political parties from stopping the election,” he said.

He added that the election would be conducted with or without police presence, insisting that patriotic citizens would protect the ballot boxes.

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Daily Trust reports that his position is similar to what transpired during the Rivers State LG election when a court asked police not to provide security but the state government went ahead with the election regardless.

There is also speculation about a change in who will announce the results, with the commission’s chairman, Professor Sani Lawal Malumfashi, possibly being replaced for the task, depending on legal advice.

Kano-based legal practitioner, Abba Hikima, criticised the state government for allowing this legal situation to arise, noting that the Federal High Court has no jurisdiction over the appointment of KANSIEC members.

“The subject matter is outside the stipulations of Section 251 of the constitution,” he said, blaming the government for creating loopholes that the opposition capitalised on.

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However, another lawyer, Umar Danbaito, argued that KANSIEC should obey the court order or challenge it at the Court of Appeal, as it is settled law that court orders must be followed unless overturned by a higher court.

A political scientist, Professor Kamilu Sani Fagge from Bayero University Kano, warned that defying the court order could lead to further legal challenges, citing past incidents in Rivers State as a precedent. He also highlighted the risk of violence due to the absence of security personnel during the elections.

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Politics

Absence Of Electoral Materials, Officials Disrupt Abia Local Govt Polls

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The Local Government Elections in Abia State on Saturday faced significant challenges due to a lack of electoral materials and officials at polling stations.

Reporters from the News Agency of Nigeria, who were monitoring the election, observed that the Abia State Independent Electoral Commission (ABSIEC) had not delivered materials to polling stations by 11 a.m., although the commission had scheduled distribution for 7 a.m., with voting set to begin by 8 a.m.

At various locations, including Umuahia South, Osisioma, Aba North, and Aba South LGAs, neither materials nor officials were present at some polling units. Some ad hoc staff were seen waiting at local government headquarters for the arrival of election materials.

In addition, there was a noticeable low voter turnout at many polling units visited across the state. A few voters were present at some locations, waiting for the materials to arrive and for voting to start.

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In areas such as Umuahia South, Aba North, South, and Osisioma LGAs, polling units were largely empty of voters, officials, and security personnel. Units visited included Polling Units 009 and 015 at Avonipupe Primary School, Unit 008 at Ipupe Village Hall, and several units at Ogbo Central School and Umuosu Community School.

In an interview, two prospective voters in Ubakala, near Umuahia, voiced frustration over ABSIEC’s failure to facilitate the election effectively. Mrs. Joy Eze shared that she was monitoring her polling unit for updates but eventually decided to tend to her salon customers while waiting. She was eager to vote in support of her preferred candidates for Chairmanship and Councillorship.

Another resident, Mrs. Onyinyechi Ishmael, expressed disinterest in voting, saying her previous experiences made her feel that votes do not count in the country’s elections.

“If our votes count as the leaders claim, I believe there will be signs that election will actually take place.

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“Unfortunately, there is no sign that election will take place at the various polling units around my neighborhood,” Ishmael said.

In Aba, Mr Collins Ogbonna, a resident of Ward 3, said that he came out by 8 am to his polling unit 007 to vote but did not see any election officials.

Ogbonna attributed the poor voter turnout to “voter apathy and fear of gunmen” in Aba.

He called on the residents to come out and vote to ensure the right persons assumed political leaderships at the grassroots.

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The Deputy Chairmanship Candidate for Zenith Labour Party in Osisioma LGA, Mr Aguwa, told NAN that the eletoral materials had been brought to the council headquarters for the polls.

Aguwa further said that the representatives of other parties inspected and confirmed the materials to be complete.

He, however, said that the materials had yet to be shared “because the LGA, which has about 301 polling units, is complex.”

Meanwhile, the Commissioner for Voter Education and Enlightenment in ABSIEC, Dr Kelechukwu Okere, has described the report of absence of materials at the polling units as “pure falsehood”.

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Okere told NAN that the commission made adequate arrangements for the seamless distribution of materials and election officials to ensure a smooth exercise.

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Zenith Labour Party Wins 15 Out Of 17 LG Elections In Abia State

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Zenith Labour Party, ZLP has won in 15 out of the 17 Local Government Areas in Abia State during the Local Government Elections held on November 2, 2024 while the Young Peoples Party claimed victory in the remaining two LGAs.

The results were announced by the Chairman of the Abia State Independent Electoral Commission, Prof. George Chima, at the commission’s headquarters in Umuahia, the state capital, on Saturday.

“We have fulfilled the duty we were inaugurated on September 5 to carry out.
“It wasn’t an easy task, but we went above and beyond to raise awareness about the election across the state,” Chima stated.

Highlighting the significance of the election, he noted,
“In recent times, this commission has not conducted an election with over 12 political parties participating. This, in itself, is a milestone for the commission.”

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Chima confirmed that the election took place across all 17 LGAs of the state, describing it as “free, fair, and credible.”

He added, “We have been able to complete a task that could typically take six to twelve months within a span of two months.”

The Commission Chairman congratulated both the winners and the opposition, emphasizing the need to maintain peace in Abia.

“In any election, there are winners and losers, but the most important thing is that Abia remains peaceful. I urge everyone to uphold this peace.”

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He also expressed gratitude to security agencies for their support and commended political parties for “playing by the rules.”

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APC asks court to stop FAAC, AGF, others from releasing funds to Rivers LGAs

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The All Progressives Congress (APC) in Rivers State has asked the Federal High Court in Abuja to restrain the Federation Account Allocation Committee (FAAC), two others, and their agents from allocating or distributing any revenue from the Federation Account to any of the Local Government Areas/Councils of Rivers State or within Rivers State until a valid local government council election has been conducted by the 6th defendant to democratically elect Local Government Councils for Rivers State.

Also sought to be restrained in that regard are the Accountant General of the Federation (AG-F), and the Minister of Finance for the Federal Government of Nigeria (who are listed as the first, second, and third) in a fresh suit filed by the APC.

The plaintiff, in the suit marked: FHC/ABJ/CV/1556/2024 is contending that in view of the recent decisions of the Supreme Court in the suit No: SC/CV/343/2024: Attorney General of the Federation v. Attorney General of Abia State and others, and the Federal High Court, suit no: FHC/ABJ/CS/987/2024 funds could no longer be released to LGAs in Rivers because no valid election has been conducted in the state.

Listed as defendants in the suit are the Federation Account Allocation Committee (FAAC), the Accountant General of the Federation (AG-F); the Minister of Finance for the Federal Government of Nigeria; the Attorney General of the Federation (AGF); the Attorney General of Rivers State of Nigeria;  and the Rivers State Independent Electoral Commission (RSIEC).

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The party also wants an order of injunction restraining the Government of Rivers State (represented by the 5th defendant) and the 6th defendant by themselves (individually and/or jointly) by their servants, agents, hirelings, or proxies from distributing to, expending or utilizing any public fund of Rivers State for the use or benefit of any of the Local Government Councils of Rivers State until the Government of Rivers State (represented by the 5th defendant) and the 6th defendant have been able to conduct valid election to democratically elect Local Government Councils for Rivers State.

It seeks a declaration that the defendants fall within the category of ‘authorities and persons’ as provided for by Section 287 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), who are constitutionally bound to enforce and implement judgments, decisions and orders of the Supreme Court, Court of Appeal and Federal High Court of Nigeria and are therefore constitutionally bound to enforce, implement and give effect to the judgment of the Supreme Court in Suit No: SC/CV/343/2024: Attorney General of the Federation v. Attorney General of Abia State and others to the effect that “the amount distributed to and standing to the credit of Local Government Councils in the Federation Account must be paid by the Federation to only democratically elected Local Government Councils…” and the judgment of the Federal High Court in suit no: FHC/ABJ/CS/987/2024: All Progressives Congress (APC) v. Independent National Electoral Commission and others, comprising of an order among others “setting aside all acts or things done or purported to have been done …in furtherance of the conduct of the purported local government elections in Rivers State slated for the 5th of October 2024…”

The APC is equally praying for a declaration that the Government of Rivers State (represented by the 5th defendant) and the 6th defendant having failed to ensure the existence of and to put in place a system of local government by democratically elected local government councils in Rivers State by conducting a valid democratic election for local government councils in Rivers State, that is, for the election of Chairmen and Councilors for the Local Government Councils of Rivers State, the 1st, 2nd, 3rd and 4th defendants (representing the Government of the Federation) are not entitled to, and cannot allocate or distribute any revenue from the Federation Account to any of the Local Government Areas/Councils of Rivers State until a valid election to democratically elect Local Government Councils for Rivers State has been conducted by the Government of Rivers State (represented by the 5th defendant) and the 6th defendant.

In a supporting affidavit, deposed to by Tony Okocha, the plaintiff said: By the recent decision of the Supreme Court Suit No: SC/CV/343/2024 the apex court firmly held and declared in respect of distribution of revenue from the Federation Account, among others that “the amount distributed to and standing to the credit of Local Government Councils in the Federation to only democratically elected Local Government Councils.

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The APC said its suit, marked: FHC/ABJ/CS/987/2024  challenged the process hurriedly being put into place by the AG of Rivers and RSIEC (5th and 6th defendants herein) for the purpose of holding Local Government Council elections for Rivers State.

It stated that “In the said suit, the plaintiff premised their challenge of the process on a number of grounds, including the ground that the processes being put into place for the holding of the proposed election which was fixed for the 5th day of October 2024 was in contravention of the provisions of items 11 and 12 of Part II of the Second Schedule of the Constitution of the Federal Republic of Nigeria as well as applicable provisions of the Electoral Act 2022 in that requisite statutory notices were not given and provisions in respect of update of voters register were not complied with.

The APC said the suit was decided in its favour, wherein, Justice Peter Lifu in the  judgment delivered on September 30 held among others, that the processes put in place for the proposed LGA election in Rivers election were unconstitutional.

It added that the court restrained the Independent National Electoral Commission (INEC) from releasing to the RSIEC the voters’ register for the conduct of the proposed election fixed for the 5th of October 2024.

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The party stated that the court also issued an express order “setting aside all acts or things done or purported to have been done in furtherance of the conduct of the purported local government elections in Rivers State slated for the 5th of October 2024.

It stated that although the AG of Rivers and RSIEC were parties to the suit and represented by lawyers at all times, “the duo acted in contravention and absolute disregard of the decision of the court with the 6th defendant (RSIEC) therefore proceeding to conduct a purported Local Government Council election on the 5 day of October 2024, even though no voters register was released to it by INEC and notwithstanding that all processes put in place for the election including statutory notices, nominations among others had been set aside in the judgment of the Federal High Court.”

The APC insisted that the judgment of the Federal High Court in Suit FHC/ABJ/CS/987/2024 is still valid and subsisting before, as at, and even beyond the 5th of October, 2024 and so remains until set aside by the Court of Appeal.

It stated that the election held in contravention of the Constitution, the Electoral Act, and subsisting judgment of a competent Court of law is invalid.

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The party added that the Local Government Councils of Rivers State have not been “democratically elected” to qualify them to receive allocations from or distribution of revenue from the Federation Account.

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