Stephen Ukandu, Umuahia
Barely 48 hours after Bola Ahmed Tinubu of the ruling All Progressive Congress, APC, was declared winner of the February 25 presidential poll, the Court of Appeal, Friday granted leave to Mr Peter Obi of the Labour Party; and Atiku Abubakar of the Peoples Democratic Party, PDP to inspect documents used by the Independent National Electoral Commission (INEC) for the conduct of the poll.
This is following two separate ex parte applications filed by Obi and Atiku respectively.
The duo who came third and second respectively according to the result of the presidential poll announced by the INEC Chairman, Mahmood Yakubu, alleged substantial non-compliance with the Electoral Act 2022 in addition to violence and rigging which they claimed marred the conduct and outcome of the election.
Ikengaonline had reported that both Obi and Atiku at separate media briefings on Thursday, vowed to recover their stolen mandate.
Obi’s lawyer, Mr Alex Ejeseme, SAN, prayed the appellate court to grant the reliefs sought in the motion ex parte in the interest of justice.
He stated that the motion was brought pursuant to Section 86 (1) of the Constitution of the Federal Republic of Nigeria 1999 as amended Section 146 of the Electoral Act 2022 and paragraphs 47 (1 and 54) of the first Schedule of the Electoral Act 2022 under the inherent jurisdiction of the Court.
Ejeseme also informed the Court that they had deposed a 15 paragraphs affidavit and are relying on all the averments therein in urging the court to grant the application.
Similarly, Atiku’s lawyer, Adedamola Faloku, also in arguing the motion prayed the court to grant the ex parte application brought before it pursuant to Section 146 (1) of the Electoral Act 2022, Paragraph 47 (1, 2 &3) of the first Schedule of the Electoral Act of 2022 and under the inherent jurisdiction of the Court as referenced by Section 6 (6) A & B of the 1999 Constitution.
The application which was predicated on six grounds, sought for seven reliefs, adding that a schedule of the documents to interrogate the respondent (INEC) was also contained in the application supported by a 12 paragraph affidavit.
Counsel to the applicant adopted all the averments contained in the affidavit and urged the Court to grant the application.
After listening to the applicants, the presiding judge, Justice Joseph Ikyegh subsequently granted the request of the two applicants.
There have been growing calls for the cancellation of the presidential and national assembly elections held on February 25 following manipulation of the results.
INEC’s failure to upload results from polling units in real time has been blamed for the alleged rigging that characterised the exercise.
