Other members of the 3-man panel of judges include Justice Justice Peter Chudi Obiora and Justice Adeboye Ayinla Gbolagunte.
Counsel to the petitioner led by Nathaniel. O. Oke, a Senior Advocate of Nigeria (SAN) had approached the election petition tribunal with three prayers which contained “order of this honourable tribunal granting leave to the petitioner/applicants to file and move this application before the pre-hearing session.
“An order of this honourable tribunal granting leave to the petitioner/applicants to serve the petition, court orders, hearing notices and all other processes already filed and to be filed in this case on the second and third respondents through substituted means by pasting the said petition, court orders and hearing notices and all other processes already filed and to be filed in this case on the notice board of this honourable tribunal.”
“And for such further order or orders as this honourable court may deem fit to make in the circumstances of this case.”
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Similarly, the petitioner also prayed the leave of their forensic experts to scan and obtain Certified True Copies (CTC) of the materials used for the conduct of the governorship election and the rerun exercise.
According to Oke, the second application was to seek the leave of the tribunal for the purpose of scanning and obtain Certified True Copies (CTC), of the materials used for the election in September 22nd, 2018 and the rerun of September 27 which would be useful as the tribunal continue sitting.
Delivering the ruling on the orders sought by Adeleke and the PDP on behalf of the tribunal, Justice Peter Chudi Obiora said “upon reading the motion paper, affidavit in support sworn to by Edmund Biri Omini dated 17th October 2108 and written address filed therein on behalf of the applicants and after hearing N.O.o Oke with Niyi Owolode, Edmund Z, Biriomoni, Wole-Jimi Bada, Esq, A.O. Oladele esq., TJ. Oke Esq. A. I Adetayo Esq. A. A Odumosu Esq and O Mabekoje, learned counsel for the applicant, it is hereby ordered as follows.
“That accordingly, we hold there is merit in this application, consequently, we hereby ordered that the petition, court orders and hearing notice shall be served on the second and third respondent by pasting the aforesaid processes on the notice board of the tribunal and same shall be deemed ate proper service on the said respondents. 1st (INEC), Gboyega Oyetola (2nd) and third (APC).”
The court, however, granted the two applications with a caveat that there must be two observers respectively from the other respondents to serve as mere watchers or lookers while the inspection of the material last.
and then