The candidate of the All Progressive Congress (APC), for Shendam ,Quanpan and Mikang Federal Constituency in Plateau State ,Hon .John Dafaan , has filed a petition  at the Election Petition Tribunal to challenge the victory of Hon Isaac Kwallu of the Peoples Democratic Party (PDP) and Independent National Election Commission ,INEC as the first respondent .

In his petition filed by his lawyer, S.S.Obende , the petition was predicated upon three grounds, one of which was the qualification of Hon Isaac Kwallu for lacking in structures , at the time of the election which he front loaded three judgment.

 According to Dafaan and APC ,PDP candidates in Plateau were not qualified to contest the election, and therefore, his election was invalid by reason of noncompliance with the electoral act .

Whence the matter was adjourned today for applications to be taken the petitioner counsel responded to the respondents and the petitioner are ready and filed the respond dated 29 /06/2023 the same date and the second respondent dated 03/06 /2023 predicated on motion of counter affidavit .

The first petitioner, with the APC as the second petitioner, further contended that Isaac Kwallu  was not duly elected by the majority of lawful votes cast at the election and the state Exco didn't participated in Plateau state and the national convention held .

According to the petitioners, in the election conducted by INEC on the 25th of February, 2023 ,Isaac PDP is yet to have authentic structures so he  was not qualified, having not been validly nominated or sponsored by the PDP or any political party as a candidate in the contest.

According to Dafaan pleads ," about two years ago, Mr. Bitrus Kaze and eleven others sued the PDP and 24 others and secured judgement at the Jos High Court, where it was ordered that the party should go and conduct fresh congresses for the election of EXCO members at the ward, local government, and state levels.

Hon .John Dafaan disclosed  that the PDP did not conduct the fresh congresses as ordered by the Jos High Court, adding that the PDP later challenged the decision of the Plateau State Independent Electoral Commission when it disqualified it from sponsoring or participating in an election as a result of its failure to comply with the earlier Court order in respect of Bitrus Kaze and the party.

He averred that on May 6, 2022, the PDP, not satisfied, lodged an appeal at the Court of Appeal in Jos and that the appeal was unanimously dismissed, adding that the appellate court further affirmed the judgement of the Jos High Court.

He averred that the PDP was also not satisfied with the decision of the Court of Appeal and proceeded to the Supreme Court, where it also lost, and the case was dismissed on December 7, 2022.

Supported by a series of case files to justify his petition, John Dafaan told tribunal  also disclosed that INEC conducted a bye-election in February last year in the Pankshin South state constituency, where the PDP challenged the return of the APC candidate, Ezra Yardi Dakup.

However ,the ongoing  pre- trial, the APC is challenging the locus standi of the PDP and its candidate, Isaac Kwallu  to contest the election, having not complied with the order of the Jos High Court.

According to him, in September last year, the National Assembly and Houses of Assembly Election Petition Tribunal held that the PDP was yet to comply with the order of the Jos High Court in the case of Bitrus Kaze and others.

Dafaan said that PDP having dissatisfied with the decision of the National Assembly Election Petition Tribunal, the PDP appealed the outcome at the Court of Appeal, and in October last year, it was dismissed.

 The Jos North/Bassa Federal Constituency of the House of Representatives election, where Musa Agah was earlier returned as the winner of the election the election tribunal upheld that PDP is not having structures in Plateau state and then disqualified Agah.

He further stated that the PRP and its candidate challenged the victory of Agah on the basis of the fact that he was not qualified to contest the election, having not been sponsored by the PDP, which was yet to comply with the order of the Jos High Court.

The APC rep  candidate Isaac Kwallu  disclosed that, till date, the PDP is yet to comply with the mandatory court order in the Bitrus Kaze case.

Pius A.Akubo argued that PDP have solid Exco that the exercise is professional misconduct calling on the Tribunal to disregard the petitioner and dismiss the petition for lacking in merit .

He moved his applications the pre hearing notice file and exchange dated 22/05/2023 in response to their petitioner preliminary objection raised .

The counsel to the 3rd respondent ,Barr. Friday O.Shaibu urged the tribunal to dismiss the petitioner petition for lacking in merit in 5 paragraphs counter affidavit and three issues for determination . 

He adopted all processes filed and was reserve to deliver ruling together with judgment on petitioner prayers dated 28/05/2023 ,and filed on 29 /05/2023 for determination.

The court adjourned to the 9th of June ,2023 for final conclusion of pretrial and adoption of contentious issues to be resolve.