The three-man panel of the Presidential Election Petition Tribunal in Abuja is expected to give its ruling on the ex-parte motion filed by the Peoples Democratic Party and its presidential candidate, Atiku Abubakar, seeking an order granting them access to inspect the electoral materials used for the February 23 poll, later today, March 6.
The three-man panel, in a pre-hearing session of the tribunal on Wednesday, entertained the applicants’ argument for about 45 minutes and rose and adjourned for about one hour
It is expected to deliver its ruling when it reconvenes.
The panel is led by Justice Abdul Aboki, while Justices Peter Ige and Emmanuel Agim are members.
Presenting the applicants’ case the Chris Uche, SAN, said that the ex parte motion contained six prayers, one of which sought the tribunal’s leave to bring the motion up in the tribunal pre-hearing session adding that prayers 2 to 6 were in summary seeking orders of the court to allow the inspection and production of election documents used by the Independent Electoral Commission for the conduct of the presidential election to enable the applicants to institute and maintain an election petition.
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After listening to the arguments of the applicants counsel, members of the panel expressed reservations about granting some prayers contained in the application for orders allowing them to scan and photocopy electoral materials as well as allow them to conduct forensic examination and forensic audit of the materials.
In his response, Uche pointed out that there were authorities of the Court of Appeal which had interpreted section 155 of the Electoral Act to mean that petitioners could be granted all the prayers sought in the ex parte application.
Chairman of the tribunal Justice Aboki, requested that he submit the said authorities within the one hour period the panel gave to write the ruling.
Though Chris Uche presented the Plaintiffs case, the legal team was led by Mr. Livy Ozoukwu, SAN,
Being an ex parte hearing, the respondents; President Muhammadu Buhari, the All Progressives Congress,APC, and the Independent National Electoral Commission, were absent and not represented in court.