Presidential poll: Tribunal grants Atiku, PDP access to inspect election materials

…Refuses request for forensic analysis
The Presidential Election Petition Tribunal sitting in Abuja on Wednesday granted former Vice President Atiku Abubakar and the Peoples Democratic Party (PDP) permission to inspect and obtain Certified True Copy (CTC) of election materials used in the conduct of the February 23 presidential election by the Independent National Electoral Commission (INEC).

The tribunal also on Wednesday ordered INEC to make available all documents and electoral materials used for the election for the purpose of the inspection.

Delivering a unanimous ruling on the ex=parte motion filed by the PDP Presidential Candidate, Atiku Abubakar and the party, Justice Abdul Aboki, refused the applicants prayers for scanning, forensic analysis of the election materials.

The tribunal also refused to direct INEC to make available all Polling documents for forensic analysis as requested by the applicants. The tribunal in addition refused to order the electoral body to permit forensic experts of the applicants to examine Form EC48 and other Forms used in the election.

The tribunal noted that the applicants’ lawyer had rightly based his argument on a previous decision of an Election Petition Tribunal, but observed that the decision relied upon which permit an applicant to inspect, to scan for forensic analysis has been overruled by the Court of Appeal because it conferred unfair advantage on the applicant.

Justice Aboki said in the ruling: “After a careful pursuance of the documents and submissions, I make an order granting the leave to bring this application.

“I hereby order that INEC should allow the applicants access to the election materials used in the conduct of February 23, 2019 presidential election.

“Reliefs 3, 4, 5 and 6 are refused,” he ruled.

Earlier on Wednesday, the three member tribunal headed by Justice Abdul Aboki and two others, Justice Akomoye Agim and Justice Peter Ige, had carefully listened to Chief Chris Uche (SAN), who moved the motion but stepped down ruling for hours later.

The panel ordered the applicants’ lawyer to furnish the tribunal with relevant authorities supporting his argument in the case.

The motion ex-parte dated March 4 and filed March 5 had INEC, President Muhamadu Buhari and the All Progressives Congress (APC) as respondents.

Atiku and the PDP in the motion had prayed for an order compelling INEC to allow them Inspect the voters register and other vital documents, as well as scan materials including ballot papers used in the conduct of the election.