Tribunal upheld election of Plateau Reps member, Isaac Kwallu for Qua’an-Pan, Shendam, Mikang Federal constituency 

By Daniel Agada, Jos

The National and State Houses of Assembly Election Petition Tribunal sitting in High Court 6, Jos Division, has on Friday upheld the election of Hon.Isaac Kyale Kwallu member representing Qua’an-Pan/Shendam/Mikang Federal Constituency in the 10th National Assembly.

In the suit number EPT/PL/HR/06/2023 between John Moenwul Dafa’an and the All Progressives Congress,APC, (Petitioners) against the Independent National Electoral Commission, INEC,(1st respondent), Isaac Kyale Kwallu (2nd respondent) and Peoples Democratic Party,PDP, (3rd respondent), Tribunal declared the 2nd respondent Kwallu as winner of Qua’an-Pan/Shendam/Mikang Federal Constituency election held on 25th February, 2023.

Recall the petitioners John Dafaan and APC approached the Tribunal on the 17th March, 2023, challenging the declaration of Isaac Kwallu as winner of the said election by INEC.

Our correspondent also learned that part of the grounds upon which the petitioners sought relief of Court for determination was the issues of non qualification, nomination and sponsorship of the 2nd respondent (Isaac Kwallu) by the 3rd respondent (PDP) and also substantial non compliance of the electoral act 2022.

In his verdict, Hon. Justice William Rotimi Olamide dismissed the petitioners’ claims, citing numerous extant laws that proved they had renounced the majority of their pleadings while cleaving tenaciously to the issues of nomination and sponsorship of the 2nd respondent.
 Remarkably, one of the reliefs sought by the petitioners was an order compelling the 1st respondent (INEC) to issue a certificate of return to the 2nd respondent (Isaac Kyale Kwallu) as the winner of the election having scored the majority of lawful votes cast.

The tribunal clarified that the jurisdiction of the trial tribunal on the issues of qualifications of a candidate was to ensure that the candidate fielded for an election was not an independent candidate but was sponsored by a registered political party.

 “Challenging the nomination and sponsorship of a candidate by political parties remains with the federal high court, and only aspirants within the such political party that are at liberty to do so

“The petitioners have not proved allegation non compliance in regards to over voting, under voting non usage of BVAS machine and voters register as they claimed.

“The results and some other relevant documents tendered before this Tribunal are in relation to Plateau Southern Senatorial District election, and not for Qua’an-Pan/Shendam/Mikang constituency election. The Tribunal stroke out all the documents and the petition is hereby dismissed for lacking in merit.”

You would recalled this is the seven (7) National Assembly petitions dismissed by the 3 man panel of the Tribunal led by Hon. Justice William Rotimi Olamide, Justice Mohammed Mohammed and Justice Emmanuel Nwazunku PhD all in favour of PDP.