The Peoples Democratic Party (PDP) has accused the Independent National Electoral Commission (INEC) of refusing to comply with an election petition tribunal order obtained by Dr Asue Ighodalo, the PDP governorship candidate in the last election.
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The order, issued by the Edo State Governorship Election Petition Tribunal on September 29, 2024, mandates INEC to grant PDP lawyers and forensic experts access to critical electoral materials used in the disputed September 21 election.
Despite the clear legal directive, reports indicate that INEC has stalled the inspection process.
The tribunal’s ruling, presided over by Hon. Justice W.I. Kpochi, allows the PDP team to inspect key documents, including voter registers, ballot papers, and results from the BVAS machines utilized during the election.
Meanwhile, the court called for the inspection of forms EC25B, EC40A, EC40C, and EC8A from the 4,519 polling units across Edo State.
Our correspondent gathered that all efforts by the PDP to inspect the materials were further thwarted when officers of the Nigerian police physically prevented the partyâs lawyers and forensic experts from even reaching the gates of the INEC office in Benin City.
A source told newsmen that the police, stationed outside the premises, refused to allow the PDP team entry, in what many have described as an unlawful obstruction of justice.
The situation escalated just 10 minutes after the PDP team arrived when a group of APC members descended on the INEC premises.
“The APC members, reportedly acting in a coordinated effort, were allowed by the police to confront the PDP lawyers, who were forced to flee the scene. The thugs harassed and threatened the PDP legal team, effectively ensuring that the court-mandated inspection could not proceed,” the source said.
Meanwhile, INEC was directed to provide the PDPâs legal and forensic team with unfettered access to all electoral materials in its custody.
In a case with petition no: EPT/ED/GOV/01M/2024, between Ighodalo Asuerinme, Peoples Democratic Party (PDP) and Independent National Electoral Commission (INEC), with respondents Okpebholo Monday and All Progressive Congress (APC)
A motion ex parte dated September 27, 2024, brought pursuant to section 146 of the Electoral Act, 2022, and under the inherent jurisdiction of the tribunal, sought the following reliefs:
It reads, “An order granting leave to the applicants to argue this application outside of the pre-hearing session.
“An order directing the 1st respondent to grant the applicants or their solicitors and forensic document examiners unfettered access to inspect all electoral documents or any document in the custody of the national chief electoral commissioner or any officer of the commission/1st respondent, particularly the voter registers, the ballot papers, the BVAS machines, forms ec25b, ec25b(i), forms ec40a, and forms ec40c which were utilized for the conduct of the Edo state governorship election held on the 21st of September, 2024.
“An order directing and/or mandating the 1st respondent to take immediate steps to ensure that all the forms ec25b used in the gubernatorial election of the 21st of September, 2024, forms ec40a, ec40c, ec40g, and ec40g(1) used at the gubernatorial election of the 21st of September, 2024, whether in the custody of the chief national electoral commissioner, resident electoral commissioner of edo state, or any other officer of the commission, are preserved, kept tamper-proof, and secure pending the filing, hearing, and determination of the petition to be filed by the applicants.â
And after hearing Rotimi O. Ogunero, SAN, with Seun Olusuyi Esq. of counsel for the Applicants, Hon. Justice W.L. Kpochi ordered: âThat leave is granted to the Applicants to argue this application outside of the pre-hearing session. That the 1st Respondent is directed to grant the Applicants, or their solicitors and forensic document examiners, unfettered access to and open up for inspection all electoral documents or any documents in the custody of the National Chief Electoral Commissioner or any officer of the Commission/1st Respondent, particularly the voter registers, the ballot papers, the BVAS machines, Forms BC25B, EC25B(1), Forms EC40A, and Forms BC40C, which were utilized for the conduct of the Edo State Governorship Election held on the 21st of September, 2024.
“That the 1st Respondent (INEC) is mandated to take immediate steps to ensure that all the forms: EC25B used at the gubernatorial election of the 21st of September, 2024, and EC40G used at the gubernatorial election of the 21st of September, 2024, either in the custody of the Chief National Electoral Commissioner, the Resident Electoral Commissioner of Edo State, or any other officer of the Commission are preserved, kept tamper-proof, and secure pending the filing, hearing, and determination of the petition to be filed by the Applicants.
“That the 1st Respondent is directed to produce and hand over to the Applicants the comprehensive list of all the electoral materials available in its custody for the inspection of the Applicants and the taking of the certified true copy thereof.â
“That the 1st Respondent is further directed to produce and give to the Applicants, forthwith upon payment of appropriate fees for certification, the duly certified true copies of the following used in the conduct of the Edo State Gubernatorial Election held on the 21st of September, 2024,” Justice Kpochi further ruled.
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