INEC’s Refusal To Release Documents Forces Abrupt Adjournment In Atiku’s Petition Against Tinubu

Hearing in the petition of former Vice President, Atiku Abubakar, against the election of President Bola Ahmed Tinubu was abruptly adjourned on Tuesday by the Presidential Election Petition Court (PEPC) in Abuja due to alleged refusal of the Independent National Electoral Commission INEC (INEC) to make some critical electoral materials available to him.

The Court shifted further hearing in the petition till June 7 pending the time the electoral body is expected to have responded to the request of Atiku and the People’s Democratic Party (PDP) to release the documents to them.

At Tuesday’s proceedings, Eyitayo Jegede, a Senior Advocate of Nigeria (SAN), who conducted proceedings for Atiku had sought to tender forms EC8A from 10 out of 21 Local Government Areas of Kogi State to establish the petition against Tinubu.

The exhibits, mainly documents used for the February 25 presidential election from Ankpa, Dekina, Idah, Ofu, Olamaboro, Yagba East, Yagba West, Kabba-Bunu, Igalamela Odolu and Kogi LGAs of the State, were sought to be tendered by the PDP presidential candidate.

Although, the schedule of documents to the effect was filed along with the exhibits, the Court, however, noted that tendering such sensitive exhibits in piecemeals would not be of any help especially in the areas of marking and numbering them.

Jegede, who rose to the questions put to him by the Court, stood his ground and blamed INEC for deliberate refusal to supply his client with the vital documents.

The Senior lawyer hinted the Court that Atiku had paid as much as N6m for the supply of cerified true copies of the exhibits, lamenting that the electoral body had not been forthcoming and cooperating as required and envisaged.

Jegede explained that to save the situation, the legal team of the former Vice President had to subpoena top officials of INEC to compel them to bring the required documents before the Court on their own.

However, in the end, the senior lawyer sought for a 24-hour adjournment to enable him approach the electoral body to do the needful.

Following no objection from counsels to the Respondents, INEC represented by Abubakar Mahmud SAN, Tinubu represented by Chief Wole Olanipekun, SAN and the All Progressives Congress (APC) having Lateef Fagbemi, SAN as lead counsel, the Tribunal chairman, Justice Haruna Simon Tsammani, adjourned the matter till June 7.

Earlier, the panel admitted the document of discontinuance of the suit at the Supreme Court filed by six states of the PDP challenging the declaration of Bola Tinubu as president.

PDP counsel, Jegede informed the court that the discontinuance notice in SC/CV/354/2023 between AG of Adamawa State and 6 others versus Attorney General of the Federation was contained in the 3 schedule of documents to be tendered.

It is intended to support their counter affidavit against the APC’s claim that they are still maintaining a similar suit at the Supreme Court.

The Attorneys General of Adamawa, Akwa Ibom, Bayelsa, Delta, Edo and Sokoto states had on February 28 filed the suit before the Supreme Court challenging INEC’s declaration of Tinubu as winner of the February 25 presidential election without compliance to the provisions of the Electoral Act, 2022 and INEC guidelines.

They had contended that the provision for the upload of results from the BVAS to the IREV was not complied with before the INEC pronouncement.

However, in a preliminary objection at the tribunal, Tinubu and the All Progressives Congress (APC) argued that Atiku and PDP’s petition was an abuse of court process having filed a similar suit at the apex court.