C’River Guber Poll: Tribunal grants Onor, PDP permission to inspect election materials
From Aniekan Aniekan, Calabar
The Cross River State Governorship Election Petition Tribunal holding in Calabar, Cross River State, has granted Sen.Sandy Onor, the governorship candidate of the Peoples Democratic Party (PDP) and the PDP, permission to inspect election materials used for the March 18 elections.
This follows the application filed by the party in petition No: EPT/CR/GOV/03M/2023 and dated April 4, 2023.
The tribunal is headed 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.
In the MOTION EXPARTE 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.
“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 18 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.
“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”.
After hearing the learned counsel to the Applicants, Baba Isa, Esq, motion, the court ordered prayers (1),(2),(3) and (5) as prayed.
However, in relief 4, the Tribunal said “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.”
The petition has the Independent National Electoral Commission (INEC), Sen. Prince Bassey Otu, Hon. Peter Agbe Odey and All Progressives Congress (APC) as 1st, 2nd, 3rd and 4th respondents respectively.
