PEPT orders INEC to allow Labour Party physically inspect BVAS machines, as court hears APM’s petition, adjourns till Tuesday

Following several complaints by the Legal team of the Labour Party (LP) over the continued refusal by the Independent National Electoral Commission (INEC) to allow the Labour Party access to the Bimodal Voter Accreditation System (BVAS) machines deployed in the February 25 election by the commission, the Presidential Election Petitions Tribunal (PEPT) has ordered the electoral umpire to permit the petitioners physically inspect the machines.

Despite an earlier High Court leave granted to the LP and its legal team to access the BVAS machines deployed by INEC for the February 25 poll, the petitioners have consistently told the justices of the PEPT that INEC refused granting them access to the systems in order to aid their case at the tribunal.

However, at Monday’s pre-hearing, LP for the umpteenth time approached the Presiding Judge, Justice Haruna Tsammani over the same complaint, which the petitioner said was hampering its own petition before the court, the latter order INEC to allow the petitioner access to the BVAS machines.

While defending its request for seven weeks to present witnesses before the court, the LP lead counsel, Awa Kalu SAN pointed to INEC refusal to allow the party access to electoral materials, just as the commission’s counsel, A.B Mahmood SAN told the LP and the tribunal that ‘they have given them everything.’

“Petitioners are allowed to use whatever time within the law but I have spoken with learned silk, some more documents are waiting for their collection within the states upon payments of the requisite fees.

“In respect of the BVAs Machine, every data has been transferred backend and the information contained in those machines has been given to them.

“Whatever they require bas been made available to them and they cannot do a physical transfer of the BVAs except they want to look at Governorship results.

“They can go and inspect if they want, they would not see anything, it has been transferred.

Justice Ugo: You have heard, they said you can go and check,” Mahmood said.

However, objecting, Kalu SAN said: “My lord, he’s just talking they have refused and he would not keep to it.”

Responding, Justice Tsammani said: “I have taken record of it now and he must keep to it. This is now in record that INEC has confirmed to Labour Party to come for physical inspection of the BVAs.”

On he seven weeks requested for witnesses, Kalu SAN said: “7 weeks does not mean we intend to use 7 weeks my lord. We may even use 3 weeks but we are stating 7 weeks as allowed by the electoral.”

As two justices of rhe panel replied him, saying:

“The issue of time is paramount, I am sure you heard the proposition of time. You stated that you need 7 weeks as stated by the electoral act. So how will we finish on time as this is almost 2 months, so I think you should make your stand,” said Justice Adah.

PEPT chairman said: “We have only 4 days to write judgement, so I think we should all be reasonable and sure of what we want.”

However, the LP counsel responded with: “I have spoken with INEC and they have given us assurance that they will provide us with all the documents we need. I also spoke to the counsel this morning but as at now, we do not have any.”

Justice Bello then asked for the exact time duration it will require to complete his task: “Please give us an estimation from your own assurance the time you need to finish up with your witnesses.”

Kalu SAN told the tribunal: “My Lord, I will then apply for it to be 6 weeks.”

“We need to decide on a reasonable time you will require or we will give you a time to use,” Justice Bello noted.

SAN Kalu spoke: “With almost humility my lord, we are supposed to check on documents and also run forensics on BVAs but as I speak with you, we have not even seen the BVAs not to even say accessibility of the BVAs.

“Most humbly, my lord, that’s why I have said 6 weeks. The law requires us to speak to documents.

“If we are given the documents my lord, then we can finish in 14 days because the reports we are going to generate would be presented.”

Responding, Justice Bolaji said: “Learned silk, it is our duty to give all parties the opportunity and equal rights to carry out their duty. If you stand by your 7 weeks, this court will be left with only 4 days to make judgement and I am sure that as a very senior member of the bar, you would not want that, on an issue as severe as this to the nation.”

Justice Tsanwani then assured that ‘INEC has already said they would give you the documents so we can streamline the timeline,’ telling INEC counsels: “If they want physical inspection, it’s their right.”

However, counsels to the APC and INEC did not appear to agree to the new order on INEC to allow LP and Peter Obi physical access to the BVAS machines, as ordered by the tribunal.

Further pre-hearing was adjourned till Tuesday.

Justice Tsammani also adjourned pre-hearing in the case between Allied Peoples Movement (APM) vs INEC, APC, Tinubu, Shettima and Kabir to tomorrow 23rd of May 2023.

There are three petitions before the PEPT challenging INEC’s declaration of Bola Tinubu as president-elect. The other petitions are from the PDP and LP.

The APM’s Lead counsel had told the court that his client has only one witness to present before the court.

“My Lord, on Saturday, counsels to all the Parties in this petition except INEC met in order to agree on the time to be allocated for examination, cross examination and re examination.

“We have only 1 witness and we request for 2 days to present our case.

“My Lord for expert reports we have agreed on certain terms, that expert reports should be submitted in 48 hours.”