Yakubu Busari
The All Progressives Congress, APC, Candidate for Shendam , Qua’anpan Federal Constituency, Hon.John Dafaan has said, he would appeal the judgment of the election trial tribunal out dismissing his petition for lacking in merit.
The media team spokesman, Comrade Charles Daniang confirmed to our correspondent in Jos that they’re not satisfied with the outcome of the election judgment.
According to him, they are battle-ready to pursue the case to its logical conclusion from the appeal to the Supreme Court as called on supporters of Hon.John Dafaan to remain calm.
He explained further that dismissing the tendering of some vital documents especially those related to former judgments was tantamount to the following proceedings.
He stressed that the petitioner’s case of winning the federal House of Representatives was very clear as we are hopeful of victory at the appellate court, he said.
“You would recall that Hon. Isaac Kwallu of the Peoples Democratic Party, PDP, was declared winner of the 25th, Day of February 2023 general elections for Shendam /Qua’anpan and Mikang Federal constituency election by the Independent National Election, INEC, for having scored the lawful votes cast.
However, the counsel to the petitioners, S.S.Obende Esq was conspicuously absent in court during the judgment delivered by Hon.Judge William Rotimi Olamide and concurred by the two panel members of the jurists as their unanimous voice in the judgment”.
The petitioner’s petition was predicated on three grounds of lack of structure by the 3rd respondent (PDP) to nominate and sponsor the 2nd respondent, Hon.Isaac Kwallu to contest the seat of Shendam/ Qua’anpan and Mikang federal representative’s seat.
The second issue on the petitioner’s list was valid nomination and sponsorship by PDP that it is in disobedience to the court judgment failure to conduct congress into the state chairmanship seat of state but while delivering the judgment Justice William Olamide said that matter of structure is a strictly preelection matter which the petitioners should have challenged it before a Federal High court.
According to the judgment, the election trial tribunal lacks the locus standing to embark on post-election issues describing the entire petition as an interloper busy body.
The judgment read,” that the petitioners presented 9 witnesses to prove the allegations of over voting and none of them came from the polling units to address the election issues of alterations, mutilation and nonfunctioning of BVAS machines.
The judgment explained further that PW5 and PW6 contradicted themselves during the cross-examination exercise that BVAS machines were used in some of the polling units he visited.
However, some of the paragraphs were struck out as can’t be used in determining the fate of the petitioner’s petition in the case of Hashidu vs. Danjuma Goje of the Gombe State Governorship tribunal.
In the judgment, the petitioners tendered the senatorial results sheet and some of the agents were ward returning agents whose statements on oaths were reading Jos East,Mikang ,Shendam Senatorial districts.
The non-compliance to the 2022 electoral act was dismissed in favour of the respondents for lacking in merit, and the petitioners couldn’t prove the allegations of his petition.
