John Dafa’an Vs. Kwallu: Adjourns To August 4th , For Adoption Of Written Addresses

Yakubu Busari

The Plateau National and Houses of Assembly Election Tribunal sitting in a suit filed by the Former Chief of Staff ,Hon .John Dafaan of the All Progressives Congress ,(APC)  challenging the declaration of Isaac Kwallu of the People Democratic Party,(PDP) as winner of  Shendam ,Mikang and Qua’anpan  Federal constituency .

In suit No: EPT/PL/HR/06/2023 the petitioners and his party officially  closed on Friday, July 14, 2023, after both parties tendered documents through the bar, presented their  witnesses, and were  cross-examined in support of their respective argument .

John Dafa’an brought  the Independent National Elections Commission (INEC), as the 1st respondent , Isa’ac Kyale Kwallu, 2nd respondent and the People’s Democratic Party (PDP) the 3rd respondent .

Honourable Justice William Olamide adjourned the suit for final written address as all parties opened and closed their argument

The lead  counsel to  the Petitioners, S.S Obende, presented witnesses in support of their  argument and  closed the case with  the  tendering of vital  documents from  the bar when the  attention was drawn to the fact that it can only be done through a witness during cross-examination since it is not through  a subpoena witness nor a Certified True Copy (CTC).

S.Y. Tsok Counsel to the 2nd Respondent had earlier informed the tribunal that they equally reviewed their case and saw the need for a witness; Deputy Legal officer of PDP ,Barr. Panshak Elisha Dakyen, whose witness deposition was signed on April 25, 2023, and on page 52 of the petition, the Respondent Witness (RW) referred to several court judgments in some paragraphs of the RW deposition on oath.

The Counsel for the 2nd Respondent applied for Exhibits 2R3, 2R4, 2R5, and 2R12, which were shown to the RW, and was asked whether they were the judgments and other relevant documents he was referring to in his deposition, which he answered in the affirmative.

Leading the RW during the cross-examination, counsel for the Petitioner laid the foundation by asking the RW if he can identify the PDP constitution, guidelines for Ward, LG, State, and National Conventions, guidelines for party primaries, as well as two letters on PDP Letterhead dated June 10, 2021, and September 19, 2021, which the legal counsel sought the leave of the court to tender as exhibit, which was granted and marked accordingly.

Counsel for the Petitioner asked RW if sponsorship of candidates aroused from party primaries, which was answered in the affirmative.

 The Former attorney General of Plateau state requested exhibits 2R2 and 3 and asked if these documents were nullified by the court, which the RW equally answered in the affirmative. He further asked if the same delegate lists who participated in the 2R2 were the same delegates who participated in the report of INEC, which the RW answered in the negative. On whether the INEC Report was credible, the RW answered in the affirmative.

N.A  Idoko, Counsel for the 1st Respondent, asked, in relation to the RW deposition on paragraphs 6A and E on page 33 of the petition, whether the election conducted by the 1st Respondent was substantially credible and peaceful in most of the polling units in the Registration Areas (RA), and the answers were in the affirmative. When asked whether the RW was aware of overvoting in the review of the results, he said not to his knowledge.

F.O. Shuaibu counsel for the 3rd Respondent requested the documents tendered through the RW: the PDP constitution, guidelines for Ward, LG, State, and National Conventions, guidelines for party primaries, as well as two letters on PDP Letterhead dated June 10, 2021, and September 19, 2021, be shown to the RW and requested that the RW confirm if they concerned the internal affairs of the 3rd respondent, to which the answers were in the affirmative.

The Counsel for the 3rd Respondent applied for exhibit 2R3 to be shown to the witness and was asked if anyone or group has challenged or is challenging the document.

The RW answered in the negative when asked about the legitimacy of the PDP State Exco using exhibit 2R7, page 44, a decision of the Federal High Court that was delivered on December 2, 2022, and thereafter a Court of Appeal Judgment delivered on February 11, 2023, in the case of Augustine Timku against INEC, which inevitably a substantive and most current decision on the leadership tussle of the Plateau State Chapter of the Party, both in favor of the party. The RW answered in the affirmative, signifying the party has an Exco.

When the legal counsel sought to inquire whether it’s the duty of the National Working Committee (NWC) of the party to conduct party primaries, the respondent witness answered in the affirmative and further asserted that it’s the constitutional duty of the NWC to conduct party primaries for Presidential, Governorship, National, and State Houses of Assemblies; he further reiterated that the State Working Committee in dispute did not in any way participate, conduct, or front-load the name of Hon. Isa’ac Kyale Kwallu as the candidate for the House of Representatives for Qua’an Pan, Mikang, and Shendam Federal Constituency.

Counsel for the 2nd Respondent, S.Y Tsok, notified the tribunal that they are not calling any further witnesses, thereby closing their defense. Subsequently, counsel for the 3rd Respondent, FO Shuaibu, equally informed the court that they didn’t intend presenting any witnesses or tendering any further documents through the bar, thereby equally closing their defense.

The matter was adjourned to August 4, 2023, for the adoption of final written addresses by counsels.