The Cross River state governorship election petition tribunal sitting in Calabar has granted the Peoples Democratic Party (PDP) and its governorship candidate, Sandy Ojang Onor, permission to inspect election materials used for the March 18 governorship elections.
Onor and the PDP had filed petition No: EPT/CR/GOV/03M/2023 dated April 4, 2023, before the tribunal led by Justice J.O Okeya-Inneh and two others including Hon. Justice M.L. Omar, member I, and Hon. Justice O.O. Olatawura, member II, with A.D Bambur as Tribunal secretary.
The petition has the Independent National Electoral Commission (INEC), Bassey Otu (governor-elect), Peter Agbe Odey (deputy governor-elect) and All Progressives Congress (APC) as 1st, 2nd, 3rd and 4th respondents respectively.
In the motion experte filed April 4, 2023, the petitioners prayed for 7 orders including “an order granting leave to the Applicants to bring this application outside or before the pre-hearing session, an order granting leave to the applicants to argue this application outside or before the pre-hearing session, and an order directing the 1st respondent in this application.
“That is, the Independent National Electoral Commission (INEC) to allow the parties herein to jointly inspect, all the electoral materials used in the conduct of the election for the office of the Governor of Cross River State held on the 18th day of March 2023; to wit, voters’ register, ballot papers, polling units result sheets, wards collation results sheets, Local government collation results sheets and declaration result sheets.”
Others include “an order granting the parties herein permission to do electronic scanning and/or make photocopies of voters’ register, ballot papers, polling units result sheets, ward collation results sheets, local government collation results sheets and declaration of results sheets used in the conduct of the election for the office of the Governor of Cross River State held on the 18th day of March 2023.
“An order granting leave for the parties herein to carry out digital forensic inspection of BVAS machines used in the election for the office of the governor of Cross River State held on the 18th day of March 2023, an order restraining the 1st respondent from tampering with the information embedded in the machines used in the election for the office of the governor of Cross River State held on the 18th day of March 2023 and for such order or further orders as this Honourable Tribunal may deem fit to make in the circumstances of this case.
“And after hearing the learned counsel to the Applicants, Baba Isa, Esq, motion, the court ordered prayers (1),(2),(3) and (5) as prayed, adding that in relief 4, the parties herein are given permission to do electronic scanning and/or make photocopies of voters’ register, polling units result sheets, ward collation results sheets, local government collation results sheets and declaration of result sheets used in the conduct of the Election for the office of the governor of Cross River state held on the 18th day of March 2023.”
However, the Court in an order signed by the chairman, Justice J.O Okeya-Inneh and A.D Bambur as secretary, stated that the “scanning and/or making photocopies of the ballot papers used in the said election should be carried out jointly with the Respondents, as other electoral materials earlier mentioned except the ballot papers are in the custody of the parties herein.
“It will be a judicious exercise of discretion if the scanning of the ballot papers and/or making photocopies of same be carried out jointly with the Respondents in the circumstance.”
The Court refused prayer (6), saying “there are no facts placed before the Tribunal in the affidavit in support of the application upon which the order sought can be predicated.”
READ ALSO FROM NIGERIAN TRIBUNE
and then