The Peoples Democratic Party and its candidate, Atiku Abubakar has succeeded in the motion it filed in court against the Independent National Electoral Commission (INEC) over the result of the just concluded presidential election.
According to Premium Times, the Court of Appeal on Wednesday, ordered INEC to allow the PDP and its presidential candidate, Atiku to access the electoral materials used for the 2019 presidential election for the purpose of inspection.
According to the court, this is in pursuant to section 151(1 &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.
However, it was gathered that the court refused the applicant’s 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.
The court, in addition, refused to order the electoral body to permit forensic experts of the applicants to examine form EC48 and other relevant forms used for the election.
The panel was led by Justice Abdul Aboki, while Justices Peter Ige and Emmanuel Agim are members.
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