Ogun Tribunal grants Akinlade access to inspect electoral materials

Mon, Apr 1, 2019 | By publisher


Judiciary

THE Governorship Election Petition Tribunal in Ogun State, on Monday, granted the request by the Allied People’s Movement and its governorship candidate, Adekunle Akinlade,  seeking permission to inspect and obtain the electoral documents used by the Independent National Electoral Commission during the March 9 governorship election in the state.

INEC had declared the All Progressives Congress governorship candidate, Dapo Abiodun as the winner of the governorship poll

But, Akinlade and his party were challenging the victory of the APC  and its candidate at the State Governorship Election Petition Tribunal sitting in Isabo, Abeokuta.

The petitioners/applicants have filed a motion ex parte, requesting the Tribunal to grant them the permission to inspect and obtain 34 electoral materials which include; ballot papers used for March 9 governorship election in the state.

The Counsel for Akinlade and APM Mammah Osuman, a Senior Advocate of Nigeria was supported by Ahmed Raji, SAN, told the court that they filed a motion ex-parte through which they requested the permission of the Tribunal to grant them access  to electoral documents used for the Governorship election in the state  so as to maintain their petition which they had already filed .

Counsel for Akinlade while presenting the case  told the three-member Tribunal that the petitioners filed the motion ex parte, having relied on section 151 (1, 2 and 3) of Electoral Act 2010 as amended.

He said, “This ex parte motion contains three prayers, in particular, it seeks the discretion of your lordship to direct first respondent (INEC) to grant access to the petitioners /applicants, their solicitors, agents, experts in the manner supplicated in the same paper.

“Accompanied this motion are eleven paragraphs which the motion ex parte is predicated on.

“The motion ex parte was supported by five paragraphs sworn affidavit with 34 listed items for which we seek the indulgence of our lordships.

“It is to enable the petitioners/applicants’ prayers one and three for the purpose of instituting the petition . Having filed the same motion to maintain the petition.

“We seek the grant of these prayers in order to maintain this petition” .

The  three-member  panel led by Justice Chinwe Onyeebor, which was inaugurated on Monday, unanimously granted the prayers contained in the motion ex parte filed by the applicants.

The two other members of the panel, Justices Bello Danjuma and Umar Katsina agreed with the lead ruling by the Chairman.

Delivering the ruling on the motion ex parte, Justice Onyeebor said by virtue of the provisions of section 151(1, 2 and 3)  of the Electoral Act  2010 as amended on which the applicants’ motion ex parte was anchored, Akinlade  and his party have the right to inspect the electoral materials and  obtain the Certified True Copies of all the materials used for the polls.

She said, “I hereby direct to grant access to the electoral documents and obtain Certified True Copies to file the petition of Governorship election on March 9, 2019  to maintain the petition.

“Applicants/petitioners be allowed to inspect and obtain the electoral documents in the custody of the first respondent on the Governorship election conducted March 9, 2019.

“The first respondent (INEC) is directed to abide by the Tribunal. The order is supported by Section 151 (1 and 2).

“INEC has seven days within which to comply “.

The Tribunal, however, adjourned the sitting till April 9 for confirmation of service.

Meanwhile, counsels for both the APC and Abiodun were absent at the Tribunal. – Punch

– Apr. 1, 2019 @ 17:12 GMT |

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