In a significant legal development, the Court of Appeal in Abuja has nullified the election of Isaac Kyale Kwallu, who represented the Qua’an-Pan/Shendam/Mikang Federal Constituency in the 10th National Assembly. This ruling, which took place on Friday, resulted in the removal of Kwallu and the affirmation of John Moenwul Dafaan of the APC as the rightful representative.
The electoral contest in question saw Kwallu, a member of the PDP, initially declared the winner by the Independent National Electoral Commission (INEC) on February 27, 2023, with 74,645 votes. His closest rival, John Moenwul Dafaan of the APC, secured 43,467 votes.
Expressing dissatisfaction with the election outcome, John Moenwul Dafaan, the former Chief of Staff to the ex-Governor Lalong, took legal action through his counsel S. S. Obende. Dafaan approached the National Assembly Election Petitions Tribunal in Jos on March 17, seeking three key determinations:
1. Asserting that the PDP had no valid or legitimate structures as it had defied a court order to conduct a fresh Congress.
2. Claiming that there was substantial over-voting and non-compliance with electoral laws and regulations.
3. Requesting that the Certificate of Return be issued to him, the first petitioner.
The three-man tribunal dismissed Dafaan’s case (EPT/PL/HR/06/2023) on the grounds that it lacked merit. Justice William Rotimi Olamide, in a unanimous decision, stated that challenges to a candidate’s nomination and sponsorship by political parties should be addressed in the federal high court and that only party aspirants have the standing to do so. The petitioners failed to provide evidence of non-compliance, over-voting, or other irregularities, leading to the dismissal of their petition.
Undeterred, the petitioners sought to challenge the tribunal’s ruling at the highest level of the judiciary. In a judgment delivered in Suit No: CA/J/EP/PL/HR/18/2023, the Appellate Court emphasized the importance of obeying court orders and ruled that the PDP had no valid candidate due to its disregard of the court’s orders. The court also stressed that the Constitution did not provide for Independent Candidacy.
The three-man panel ordered INEC to revoke the Certificate of Return previously issued to Kwallu (the 2nd Respondent) and instead issue it to Dafaan (the 1st appellant) as the duly elected representative. This decision marks a turning point in the political landscape of the Qua’an-Pan/Shendam/Mikang Federal Constituency.
