Tribunal Orders Presence Of Forensic Experts At Inspection Of INEC Materials

The election petition tribunal sitting in Ibadan, capital of Oyo State, southwest Nigeria, today ordered the presence of hand writing and forensic experts for both the petitioners and respondents to be present at the inspection of materials used by the Independent National Electoral Commission, INEC, for 9 April National Assembly elections.

The tribunal headed by Frank Chukwuemeka Nwisu also directed that the ballot papers in 10 of the 13 local governments in Oyo North Senatorial District be also inspected.

The local governments are: Ogbomosho North and South, Saki East and West, Atisbo, Iwajowa, Olorunsogo, Orire, Itesiwaju and Oyo North.

Dr. Wale Okediran of Action Congress of Nigeria (ACN) had petitioned against Mr. Agboola Ayoola Hosea winner of Oyo North Senatorial District in the 9 April election.

The tribunal also ordered that the parties should give themselves adequate time to be present at the inspection venue.

Lead counsel to the petitioner, Mr. Oluwarotimi Akeredolu (SAN) had earlier told the tribunal that he had two applications.

He said that the first application was dated 13 May and filed same day was supported with a twelve-paragraph affidavit and attached with a written address urging the tribunal to rely on all the paragraphs of the affidavit and adopt all the written addresses by the court.

Akeredolu further told the court that counsel to the respondent, Yusuf Ali (SAN) had filed a counter-affidavit which he said was also attached to his written address.

“I have gone through the counter affidavit. The only issue in the counter-affidavit is the need for the first respondent’s counsel to be present during inspection of the election materials,” Akeredolu stated.

He said he was not opposed to the first respondent having representatives at the inspection venue but that the tribunal should restrict the number of people to be present, stressing, “for the purpose of clarity, their presence is to ensure that nothing is tampered with at the inspection venue.”

Responding, Ali said he was not also opposed to the application in principle but subject to the court directives that the representatives of the respondents should be present at the inspection venue.

He specifically demanded that both counsel’s hand written and forensic experts of the respondents should be allowed into the inspection venue.

Akeredolu insisted that all the INEC documents used for the election be deposited at the court premises during the trial.

“I and my learned friend have withdrawn the first leg of the second application because we discovered that there is no facility to bring them and that they are protected in the INEC office,” said Akeredolu.

The tribunal also granted the prayers of the second application which has to do with the two parties making copies of all the documents used during the election.

Earlier, in a petition filed by Chief Lawrence Olajide Adewale of ACN against Ibrahim Olaifa of Accord Party with INEC joined as co-respondent for the Oluyole Federal Constituency, Akeredolu told the tribunal that the respondent has been served.

However, the court process was delayed for some minutes as the tribunal waited for the court bailiff to present to the court evidence of service.

After confirming that the process had been served, the tribunal ordered that the applicant be permitted to have access to the documents.

He also ordered the inspection of ballot papers used for the election.

Also, the tribunal in a petition filed by Tunde Anifowose Kilani of Action Alliance, (AA) noted that the name of the party was omitted on the INEC list.

Counsel to the petitioner, Bayo Azeez (SAN) urged the court to grant him substituted service to notify the respondent (INEC), adding that he has submitted an ex-parte motion attached with a five-paragraph affidavit and a written address.

The counsel to the petitioner told the court that the eleven respondents had already responded to the court notice urging the court not to include him among the persons to be served again.

The tribunal also granted all the prayers of the applicant.

—Gbenro Adesina/Ibadan