The Appeal Court will on Wednesday 8, February rule on the application filed by the Independent National Electoral Commission, INEC, seeking it to vary its order granted on the Labour Party and People’s Democratic Party to access materials used for the 2023 presidential poll.
A three-man panel of justices of the Appellate court fixed a date to rule on the matter after listening to the arguments of the parties involved.
INEC, had through its counsel and Senior Advocate of Nigeria, Mr. Tanimu Enuwa, informed the court of its motion on notice, written addresses, affidavit and exhibits attached to substantiate their application.
Adopting their written addresses and other documents as their brief of arguments, the electoral body asked the court to grant the application.
They also want the order to inspect election sensitive materials varied in accordance with Section 122 of the Electoral Act, 2022.
In his argument, the Senior Advocate of Nigeria representing the Labour Party and its presidential candidate, Mr. Onyechi Ikpeazu, adopted all the written addresses and counter affidavit and asked the court to dismiss the application.
On the application to inspect the BVAS, Mr Peter Obi is seeking an order for a physical inspection of the machine to enable him conduct a forensic investigation.
Ikpeazu also submitted that LP is seeking to obtain the certified true copies of the material as well as ensure the evidence is present before they are configured.
The appellate court had on the 3rd of this month, granted leave to Atiku Abubakar of the PDP and Mr Peter Obi of the Labour Party to inspect election materials used by INEC to conduct the Feb. 25 presidential election.
However, INEC, approached the court, asking it to vary the order to enable it to reconfigure its Bimodal Voter Accreditation System (BVAS) for the March 11 governorship and state houses of assembly elections.
Reporting by Ifeoma Nwovu; Editing by Fany Olumoye and Julian Osamoto