Tribunal Orders INEC To Allow Atiku Access Presidential Electoral Materials

On Mar 6, 2019

Atiku Abubakar and Peter Obi ,Presidential candidates under PDP in the 2019 general election

The Presidential Election Petition Tribunal has directed the Independent National Electoral Commission (INEC) to allow Alhaji Atiku Abubakar, Candidate of the Peoples Democratic Party (PDP) access to inspect electoral materials used in the presidential election.

Justice Abdul Aboki, Chairman of the tribunal led two other justices on Wednesday to give the ruling in Abuja.

Aboki, however, turned down the applicants’ prayer for access to scan and conduct forensic audit on all the electoral materials, including technology used in the conduct of the election.

The judge held that scanning and forensic examination of electoral materials by experts were not permissible, adding that those steps were not captured in Section 151 of the Electoral Act, 2010 as amended.

He also explained that the result of forensic analysis was not admissible as evidence in court, adding that granting such a prayer would amount to wasting of time.

Aboki said the applicants should base the substance of their petition on official materials only obtained from the electoral body.

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The applicants brought the exparte motion pursuant to Section 6 (6a) and (6b) of the 1999 Constitution as amended and Section 151 of the Electoral Act, 2010 as amended.

Chief Chris Uche (SAN), Counsel to the applicants had urged that tribunal to grant all six reliefs to enable them institute and maintain a petition against the outcome of the Feb. 23 presidential election.

Uche said the need for scanning, photocopying and the conduct of forensic examination of all the materials used was in the interest of justice, adding that the process would assist in no small measure to locate all infractions committed in the election.

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A three-man panel of the Justices of the Presidential Election Petition Tribunal sitting in Abuja,had the motion the Peoples Democratic Party, PDP, earlier and its candidate, Alhaji Atiku Abubakar, filed to compel the Independent National Electoral Commission, INEC, to surrender all the materials that were used for the February 23 presidential election, for inspection

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The panel which is conducting its proceeding at the Abuja Division of the Court of Appeal , is headed by Justice Abdul Aboki.

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Other Justices on the Presidential Election Petition Tribunal hearing Atiku’s motion marked CA/A/P/EPT/1/2019, are Justices Emmanuel Agim and Peter Ige.

In the motion ex-parte dated March 4, Atiku and the PDP, applied for leave of the tribunal to allow them to inspect the Voters Register, the Smart Card Reader Machines, Ballot Papers and other vital documents that were used in the conduct of the presidential election.

They equally prayed the tribunal to compel the electoral body to allow their agents to scan and make photocopies of vital documents used in the conduct of the election, for the purpose of establishing alleged irregularities.

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The Applicants, through their lawyer, Chief Chris Uche, SAN, told the tribunal that the reliefs sought against INEC was for the purpose of filing and maintaining an election petition they intend to lodge against the outcome of the 2019 Presidential Election.

The motion ex-parte motion was supported with a 12 paragraphed affidavit that was deposed to by one Col. Austin Akobundu, rtd, the director of Contact and Mobilization of the Atiku Abubakar Presidential Campaign Council. Cited as 1st to 3rd Respondents in the matter are INEC, President Muhammadu Buhari and the All Progressives Congress, APC.