News, Politics

Feb. 23!!! Mighty Victory As Court Of Appeal Backs Atiku, Delivers Big Judgement Against Buhari, APC

The Court of Appeal, has ordered the Independent National Electoral Commission, INEC, to allow Atiku Abubakar, and his party, the Peoples Democratic Party, PDP, have access to all certified copies of the materials used in conducting the February 23, 2019, Presidential election.

This, according to the court, is in pursuant to section 151 (1) and (2) of the Electoral Act, as amended in 2010, which states that:

(1) An order for an inspection of a polling document or an inspection documents of a document or any other packet in the custody of the Chief National Electoral Commissioner, or any other Officer of the Commission, may be made by the Election Tribunal or the court, if it is satisfied that the inspection is required for the purpose of instituting, maintaining, or defending an election petition.

(2) A document other than a document referred to in subsection (I) of this section, relating to an election and which is retained by the Chief National Electoral Commissioner or any other Officer of the Commission in accordance with this section, shall be open for inspection on an order made by the Election Tribunal or a court, in exercise of its powers to compel the production of documents in legal proceedings, but shall not otherwise be open for inspection.

The three-member Panel, led Abdul Aboki, also ordered INEC to make available to Atiku Abubakar and the PDP, all documents and electoral materials used for the election, for the purpose of the inspection.

Delivering a unanimous ruling on the exparte motion filed by Atiku Abubakar and the PDP, Aboki, however, refused the applicants’ prayers for scanning and forensic analysis of the election materials.

The court also refused to direct INEC to make available all polling documents for forensic analysis, as requested by the Applicants.

Aboki noted that the applicant’s Lawyer, Chris Uche, had rightly based his argument on a previous decision of the Election Petition Tribunal, but observed that the decision which permits applicants to inspect, to scan for forensic analysis, has been overruled by “this court, because it confers unfair advantage to the Applicant.”


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