Following the ”deliberate” refusal of the Independent National Electoral Commission (INEC) to allow the legal team of the presidential candidate of the Labour party, Peter Obi to inspect presidential election materials in line with the orders of the Court of Appeal, they have vowed to take legal action against the electoral body’s chairman, Yakubu Mahmood.
Recall, the Court of Appeal in Abuja on Wednesday refused to grant a request by INEC seeking to vary the order of the court granting access to Peter Obi as well as the Peoples Democratic Party (PDP) counterpart, Atiku Abubakar to inspect the Bimodal Voter Accreditation System (BVAS) and other election materials.
According to the panel, the application was unnecessary because the court never granted permission to Atiku, Obi, and their parties to scientifically access and inspect INEC’s database.
The tribunal said the apprehension being expressed by INEC, which includes the possible revelation of the identities of voters and their voting choices, was unnecessary because no applicant was granted leave to access INEC’s database.
Ruling on INEC’s motion, the 3-man panel held that the electoral umpire’s application “is without merit and is refused”, adding that all the orders allowing Obi to inspect election materials stand.
INEC, in apparent reaction to the ruling, stated, “we wish to reiterate that the Commission is not against litigants inspecting election materials. Consequently, it will continue to grant all litigants access to the materials they require to pursue their cases in court.”
Speaking to newsmen on Saturday, Obi’s legal team, Alex Ejesieme SAN,said that the electoral umpire has not granted them access to election materials.
“Well, we have written to them (INEC),we have done everything possible and they have refused to allow us to inspect. So, we are going to review our positions this weekend and by Monday, we will know the next thing to do,” the lawyer said.
He accused INEC of deliberately trying to delay Obi’s legal team from instituting a petition against the presidential election as prescribed by the Electoral Act, adding that the electoral umpire knows that accessing the election materials will expose alleged ballot rigging in the election.
“Yes. You know, what they are doing is deliberate. Ordinarily, the proper thing for us to do is to commence committal proceedings against the INEC chairman and the officers involved but remember, by the Electoral Act 2022, we are supposed to file a petition.
“So, what they are trying to do is to divert attention,” Ejesieme said, adding, “We will take steps to mount pressure on them to allow us to have copies of the electoral materials in line with the order of the court of Appeal.”
