The Court of Appeal sitting in Abuja on Friday, sacked Isaac Kyale Kwallu, member representing Qua’an-Pan/Shendam/Mikang Federal Constituency in the 10th National Assembly.

The Independent National Electoral Commission (INEC), on 27th February 2023, announced Kwallu of the PDP as winner of the Federal Constituency with 74645 votes, defeating his closest challenger John Moenwul Dafaan (APC) who scored 43467 votes.

Obviously dissatisfied with the elections, the former Chief of Staff to ex-Governor Lalong (Dafaan) & APC on 17th March, through his counsel S S Obende approached the National Assembly Election Petitions Tribunal sitting in Jos, seeking three reliefs for determination.

...that the PDP had no valid or authentic structures having defied the order of a Jos High Court to conduct a fresh Congress (PL/304/2020: Bitrus Kaze & 11 Ors v PDP & 24 Ors). A judgement that was upheld at the Appeal Court and further expired at the Apex Court.

...that there was massive over-voting and substantial non-compliance with the Provisions of the Electoral Act and INEC's Regulations and Guidelines 2023.

....that the Certificate of Return be issued to 1st Petitioner (Dafaan).

INEC, Kwallu & PDP were listed as 1st, 2nd & 3rd defendants respectively.

The three-man tribunal dismissed the suit (EPT/PL/HR/06/2023) for lacking in merit.

In a unanimous decision, Justice William Rotimi Olamide held:

“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 hereby strike out all the documents and the petition is hereby dismissed for lacking in merit.”

Other Justices on the panel: Mohammed Mohammed and Emmanuel Nwibo Nwanzuku PhD concurred.

Obviously dissatisfied, the Petitioners approached the final Court in these matters, praying same to upturn the judgement of the tribunal.

In a delivered ruling in Suit No: CA/J/EP/PL/HR/18/2023, the Appellate Court held that it will not fail to punish disobedience to the orders of Court, and having defied the orders of the Court, the PDP had no valid Candidate. The Court held that the Constitution made no provisions for Independent Candidacy.

The three-man panel ordered INEC to withdraw the Certificate of Return earlier issued to the 2nd Respondent (Kwallu) and issue to the 1st appellant (Dafaan) as duly elected.

In same vein, the Appeal Court also did not give a definite ruling in the consolidated appeals involving the LP & APC Candidates in the Jos North/Bassa Federal Constituency of Plateau State.

The INEC in February declared PDP's Agah winner with 87609 votes. Others were incumbent Adamu Muhammad Alkali (PRP) and Daniel Asama Agoh (LP) with 67331 and 41950 votes respectively.

APC's Ibrahim Baba Hassan, Agoh and Alkali approached the tribunal seeking the nullification of the winner, but met a unanimous dismissal of all three petitions.

In consolidated appeals: Ibrahim Baba Hassan & APC v. INEC, Agah & Alkali (CA/J/EP/PL/HR/16/2023) AND Daniel Asama Agoh & LP v. Musa Agah & 4 Ors (CA/J/EP/PL/HR/19/2023), the Appeal Court held that Musa Agah contested as an Independent Candidate following the defiance of his Party not to comply substantially with the Justice S P Gang order of the Jos High Court to conduct valid Congress for EXCOs.

The Court however held it will abide by the decision of a Sister panel delivered on Sunday in Muhammad Alkali & PRP v. INEC & 2 Ors for the same Jos North/Bassa Federal Constituency.

The Judgement in Muhammad Alkali & PRP v. INEC, Agah & PDP was delivered on October 22, with the invalidation of the return of the PDP Candidate and subsequent order for a re-run election within 90 days to involve ALL POLITICAL PARTIES.

It can be recalled that Agah had won the 2021 bye-election for the said Constituency following the car accident that claimed the life of the former occupier, APC's Haruna Maitala in April 2021.

However, the runner-up Alkali (PRP) approached the tribunal who in 2022, sacked PDP's Agah for failure of his Party to comply with the order of Jos High Court, thereby affirming Alkali; a decision the Appeal Court upheld.

Agah contested again in 2023 and was declared winner.

The Court of Appeal sitting in Lagos, has invalidated the return of Hon. Uchenna Clement Nwachukwu Eleodimuo as elected in the 25th February 2023 election.

On February 27, the INEC declared Eleodimuo (APGA) as duly elected representing Nnewi North/Nnewi South/Ekwusigo Federal Constituency of Anambra State having polled 24997 votes. Peter Ifeanyi Uzokwe (YPP), Ayogu Fredrick (LP) and Nonso Okafor Smart (APC) finished with 24937, 17796 and 2236 votes respectively.

Uzokwe & YPP approached the tribunal seeking the nullification of some Polling Units wherein there was over-voting.

In a well-delivered judgement on 31st August, the tribunal deducted the scores from the units where over-voting occurred with Uzokwe losing by only 29 votes prompting her decision for a supplementary bye-election in the affected Units within 90 days.

Aggrieved by the tribunal's decision, Eleodimuo approached the Appeal Court to be affirmed winner. The final Court in these matters held that the declaration of the appellant who was defendant in the tribunal was illegal, unconstitutional, null and void.

The Court upheld the decision of the tribunal and ordered INEC to conduct a re-run in 8 Polling Units (in 5 Wards) within 90 days with count to start from August 31.

slivertongue:
judicial robbery and rascality. The factor been used by the merchants in court of appeal has been settled by the Supreme Court. The so called structure thing is a pre primary issues which is beyond the the concerns of APC who are Interlopers.

slivertongue:
judicial robbery and rascality. The factor been used by the merchants in court of appeal has been settled by the Supreme Court. The so called structure thing is a pre primary issues which is beyond the the concerns of APC who are Interlopers.

slivertongue:
judicial robbery and rascality. The factor been used by the merchants in court of appeal has been settled by the Supreme Court. The so called structure thing is a pre primary issues which is beyond the the concerns of APC who are Interlopers.

3ice9ce:


Carry am go Supreme Court na.
You go explain taya

slivertongue:
judicial robbery and rascality. The factor been used by the merchants in court of appeal has been settled by the Supreme Court. The so called structure thing is a pre primary issues which is beyond the the concerns of APC who are Interlopers.

accordadoga29:



Hehehe

We can understand your grievances

Way4orward:
One chance government

slivertongue:
judicial robbery and rascality. The factor been used by the merchants in court of appeal has been settled by the Supreme Court. The so called structure thing is a pre primary issues which is beyond the the concerns of APC who are Interlopers.

slivertongue:



the court is going out of it own ruling to dash power to who the people rejected.

Burob:
Tinubu has be declared President by The Supreme Court of Nigeria, The Judges have now received the memo, try your best to favor APC.

Burob:
No honor amongst Thieves, who the cap fits, let them wear it.

slivertongue:
judicial robbery and rascality. The factor been used by the merchants in court of appeal has been settled by the Supreme Court. The so called structure thing is a pre primary issues which is beyond the the concerns of APC who are Interlopers.

slivertongue:


APC may have thieves amongst them but don't assume same of other parties.

Bobloco:


Sometimes I wonder

Xscape1993:
The evil party call APC is the most corrupt and fraudulent political party in the history of Nigeria's political development.

Segun91:
Am loving this country drama everyday

Way4orward:
One chance government

Jogs1900:

Cry cry pikin