INEC wants lawyers to follow due process in requesting election materials
Tunde Opalana, Abuja
As the Independent National Electoral Commission (INEC) grapples with petitions to the recently concluded 2019 elections both federal and state levels, the commission has requested counsels engaged by parties to be circumspect of the workings of the commission.
The commission urged senior counsels to stop sending junior lawyers to INEC headquarters requesting for documents or election materials.
This was as the commission on Monday presented certificate of return to Emeka Nwajiuba, the House of Representatives member-elect, representing Okigwe South Federal constituency (Ehime, Mbano/Ihitte, Uboma/Obowo), who was elected on the platform of the Accord Party.
While presenting the certificate of return to Nwajiuba, INEC National Commissioner and Chairman Voter Education and Publicity, Festus Okoye said that as far as the commission is concerned, it is duty bound to provide documents requested by any constituted authority, including legal officers involved in the process and the tribunals and other appellate courts.
Stressing that INEC is irrevocably committed to obeying court orders and court judgements, Okoye said it is the duty and responsibility of courts to adjudicate on matters and whenever the certified true copy of the judgement of court is served on INEC, the commission would obey and enforce all court judgements.
He said “we are now in the election petition process and in almost all the election petitions, the commission is joined as a respondent. We want to appeal to senior lawyers who are representing both the petitioners and respondents to be circumspect, especially when issues concern their dealings with INEC.
“The headquarters does not warehouse ballot papers and other election materials. Election materials are warehoused either in the various local governments or at various state offices of the commission.
“So, what happens is that when parties who are in the election petition process apply to the court for the inspection of the materials or for the photocopy of materials, those court orders are served on us. It is now the responsibility of the commission to direct the appropriate local government or appropriate state to release those documents to the lawyers who are engaged in the election petition process.
“Sometimes, senior lawyers send junior lawyers who know next to nothing about election petition to the commission and they drop letters in the national headquarters here and ask for documents that ordinarily are not supposed to be here and when we don’t give them those documents they just work across the gate and address a press conference claiming that the commission has refused to obey court order.
“I believe that senior lawyers should be very careful in the way they make some comment, and when they are sending people to collect documents or process documents, they should send lawyers who understand election petition process and how the system works.”
